A defendant shall be punished by imprisonment for six months.

2. The Defendant has been punished several times for the same thief crime.

The thief committed the thief during the probation period, even though he was punished by a fine, again committed the instant crime.

However, the degree of infringement of possession is weak because a vehicle parked on the roadside opened a door and stolen cash, etc.

The amount of larceny damage is relatively small.

The victims do not want to be punished by the defendant by restoring all the damages.

Defendant was partly guilty of a crime.

The defendant recognizes his wrong and reflects his wrong.

In full view of such circumstances and the criminal defendant's age, sex, family relationship, motive, means and consequence of the crime, all of the sentencing conditions shown in the arguments, such as the circumstances after the crime, the sentence imposed by the court below is too unreasonable.

The defendant's argument of sentencing is justified.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled after pleading.

【Grounds for another judgment】 Criminal facts and summary of evidence recognized by the court are identical to the relevant column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, the choice of punishment for the crime, and the provisions of Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, and the choice of imprisonment for the crime;

1. The sentence as ordered shall be determined in light of the following factors in determining the grounds for appeal for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, by taking into account the reasoning for appeal for sentencing.