A defendant shall be punished by imprisonment for not less than five months.

Daegu District Public Prosecutor's Office in 2014 No. 647.

2. Although the Defendant could have been subject to criminal punishment by committing the larceny under the same law, the fact that the Defendant again committed the instant crime is disadvantageous to the Defendant, but the Defendant repented and reflected his mistake, and the amount of stolen property is small, and some of the offenses are committed in the attempted crimes, etc. are favorable to the Defendant.

In full view of such circumstances as well as the age, character and conduct, intelligence and environment of the defendant, relationship to victims, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

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. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime (the thief under paragraph (1) of the same Article), Articles 329 and 342 of the Criminal Act (the attempted larceny under paragraph (2) of the same Article at the time of sale), and the choice of imprisonment with prison labor;

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

1. The sentencing conditions, prior to the reasons for sentencing under Article 48(1) of the Criminal Act, are determined as per Disposition by comprehensively taking account of the following factors.