The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

No. 3 of this title is seized diversity (No. 3).

1. The main point of the grounds for appeal is that the lower court’s punishment (one year, four months of imprisonment and confiscation) is too unhued and unreasonable.

2. The fact that the Defendant recognized each of the instant crimes and reflected the mistake is favorable.

The Defendant listed the window that has not been corrected at night, destroyed the correction device, and intruded into the restaurant, thereby thiefing the larceny. In light of the method and frequency of the crime, it is not good to the quality of the crime, the damage caused by each of the crimes of this case has not been recovered, and the Defendant has been punished several times for the same crime (in addition, seven times of actual punishment and one time of suspended execution of imprisonment), and in particular, on January 27, 2018, the Defendant committed the crime of this case during the period of repeated crime after the execution of the sentence was completed due to night building intrusion larceny.

In full view of these circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the conditions of sentencing as shown in the records and arguments of this case, and the sentencing guidelines recommended by the Sentencing Commission of the Supreme Court, it is deemed that the sentence of the court below is too unreasonable.

Therefore, the prosecutor's above assertion is justified.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 331 (1) of the Criminal Act, Article 330 of the Criminal Act, and Articles 342 and 330 of the Criminal Act concerning facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The following circumstances are considered prior to the reasons for sentencing under Article 48(1)1 of the Criminal Act.