A defendant shall be punished by imprisonment for four months.

2. In light of the following: (a) the Defendant was sentenced to a single sentence, a one-time suspension of execution, and a five-time fine for the same crime; (b) the Defendant committed the instant crime without being aware of the fact that he was under repeated crime even though he was under the period of repeated crime; and (c) the Defendant partially denied the process of the instant crime at the lower court, it is necessary to strictly punish the Defendant; and (d) the sentence of the Defendant is inevitable.

However, in full view of the following: (a) the Defendant was found to have committed the instant crime and recognized all of the instant crimes, and against his mistake, and (b) the amount of damage was relatively large; (c) the Defendant voluntarily returned the damaged goods to the victim; and (d) the damage was recovered; and (e) the victim was not punished; and (e) other various sentencing conditions in the records and arguments, such as the Defendant’s age, family environment, and circumstances before and after the commission of the crime, the sentence imposed by the lower court is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 346 (6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

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

Application of Statutes

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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