The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) by the court below (one month of imprisonment) is too unreasonable.

2. In that the Defendant, on a two-time basis, intrudes on a structure and steals the property at night, the liability for the crime is not weak.

However, the value of stolen property by the defendant is not high.

The defendant is the first offender, and the crime of this case constitutes the crime of living penalty.

The defendant has been living in prison for a certain period of time against the defendant.

In full view of the aforementioned circumstances, Defendant’s age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence of the lower court is somewhat unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 330 of the Criminal Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Scope of applicable sentencing under the law on the grounds of sentencing under Article 62-2 of the Criminal Act for observation of protection and observation: Application of the sentencing criteria not exceeding 15 years;

1. Basic crimes and concurrent crimes: In cases of intrusion on buildings at night in each judgment, theft [the scope of punishment of recommendation], and theft against general property, the area of special mitigation (from April to one year and six months) (the area of special mitigation] [the area of special mitigation], and intrusion upon any place other than indoor residential space (the four types);

2. Scope of recommended sentences based on the standards for handling multiple crimes: Determination of sentence for April to February: Imprisonment with prison labor for 6 months and suspended sentence for 2 years; and the sentence for bin sentencing based on the judgment of the grounds for appeal for the above suspended sentence for 2 years is as ordered.