A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

2. According to Article 331(2) and (1) of the Criminal Act, the statutory penalty of special larceny as stated in the judgment of the court below is imprisonment with prison labor for not less than one year but not more than ten years.

Therefore, in order for the court below to sentence a sentence of less than one year to the defendant, it should have been sentenced to discretionary mitigation in accordance with Articles 53 and 55 (1) 3 of the Criminal Code.

However, the lower court sentenced the Defendant to six months of imprisonment with prison labor and omitted the application of discretionary mitigation.

In this respect, the judgment of the court below is no longer maintained.

3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above ground for ex officio reversal exists, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 331 (2) and (1) of the Criminal Act concerning the relevant criminal facts and the choice of punishment;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Each of the crimes of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is a crime committed by a defendant in collusion with C and is not good. However, it is favorable for the defendant, such as the fact that the defendant has committed a planned act in collusion with C, but the defendant is divided and reflected by mistake, the defendant has no record of criminal punishment in addition to juvenile protective disposition, and that the damaged goods have been temporarily returned to victims.

Such circumstances and conditions as C, who is an accomplice, was sentenced to a two-year suspended sentence of imprisonment for six months, and the judgment became final and conclusive, the age, character and conduct, intelligence and environment of the accused.