Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

2. Although the decision-making defendant attempted to sell his mobile phone to another person, etc., the punishment imposed by the court below against the defendant is unreasonable in full view of all the circumstances of the crime of this case, considering the fact that the defendant confessions all of the crime of this case and reflects his mistake, that there is no record of punishment for the same kind of crime, that the mobile phone acquired by the defendant is only two mobile phones, that the victims have recovered from all of the damaged items and actually have recovered from all of the damages caused by the crime of this case, and all the sentencing conditions of this case, including the defendant's age, character, character, environment

3. As such, the defendant'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.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: “The summary of the evidence” of the judgment of the court below is “1. The Defendant’s partial statement” is “1. The Defendant’s oral statement” as “the Defendant’s oral statement at the trial,” and it is identical to the corresponding column of the judgment of the court below. Thus, it is cited in accordance

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 360 (1) of the Criminal Act concerning the selection of punishment;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;