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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
1. The decision of the court below on the gist of the reasons for appeal (one and half years of imprisonment, 40 hours of order to complete the course) is too unreasonable.
2. The crime of this case is an unfavorable circumstance to the defendant, where the defendant knew of the entrance door number of the victim's residence, intrudes into the victim's residence several times to take photographs, installed a camera, and tried to take photographs of the victim's body, and the victim's body was stolen and damaged, and the crime is not good, and the victim seems to have suffered considerable mental shock due to the crime of this case.
However, the court below's punishment is too unfair in full view of all the factors such as the defendant's age, sex behavior, environment, background and motive leading up to the crime of this case, circumstances before and after the crime of this case, etc., and the sentencing conditions as shown in the records and changes theory are considered unfair, comprehensively taking account of the following: (a) the defendant's total recognition of all the crimes of this case; (b) the amount of damage from theft and damage does not exceed 15 million won and the victim did not want to be punished; (c) there is no record of criminal punishment; (d) the defendant's family members want to be punished; and (e) the defendant's family members want to be detained against the defendant; (e) the defendant is detained for less than five months as a result of the crime of this case; and (e) the defendant has been confined to imprisonment for the same mistake; and (e) the court below'
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
【Grounds for a new judgment】 The facts constituting a crime and summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below. Thus, Article 369 of the Criminal Procedure Act is applicable.