The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. Summary of grounds for appeal;

A. At the time of the instant case of mistake of facts, the Defendant was in a state that he had the ability to discern things or make decisions due to a shock disorder caused by depression and drinking, and thus, the judgment of the lower court which did not recognize it was erroneous and adversely affected the conclusion of the judgment by misunderstanding the fact concerning mental disorder.

B. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. Examining the judgment on the Defendant’s mental and physical disability and the argument on unreasonable sentencing ex officio, the judgment of the court below is reversed as follows.

In the trial of the court, the prosecutor with regard to the amendment of the indictment applied for the amendment of the indictment to add the crimes referred to in Paragraph (1) of the same Article to the charges of "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes" against the defendant, and the court permitted the amendment.

B. Of the facts charged against the Defendant, the lower court deemed the Defendant’s act of larceny and the act of intrusion upon residence as a separate crime and deemed the Defendant as concurrent crimes.

However, in a case where a criminal who commits habitual larceny as provided for in Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes intrudes upon his/her residence as a means of committing a crime, only one crime of habitual larceny is added to habitual larceny, and only one crime of habitual larceny is established, and separate crime of intrusion upon his/her residence is not established (see Supreme Court en banc Decision 84Do1573, Dec. 26, 1984). In this case, the records of the case are acknowledged as follows: (i) the circumstance recognized as follows; (ii) the defendant invadedd the victim’s residence and stolen the cash, etc. owned by the victim; (iii) the defendant was sentenced to one year of imprisonment with prison labor through larceny; and (iii) the defendant committed the instant crime while he/she was released