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

A. In light of the various sentencing conditions of Defendant 2, the lower court’s imprisonment (ten months of imprisonment) against Defendant is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. Determination: (1) In light of the fact that the Defendant was sentenced to criminal punishment due to a violation of the Road Traffic Act (non-licensed driving) and the fact that the Defendant committed the instant crime without being aware of the fact that the Defendant was sentenced to criminal punishment due to a combination of larceny, which is the same kind of crime, and the crime of larceny and the crime of the Road Traffic Act (hereinafter referred to as the same crime), and that the Defendant did not agree with the victim, it is necessary to strictly punish the Defendant, and it is inevitable to sentence the Defendant.

However, in full view of the following factors: (a) the Defendant led to the instant crime and reflects his mistake; (b) the Defendant has no record of being punished for the same kind of crime prior to the instant crime, as seen above, in addition to the punishment once imposed on the Defendant; (c) the amount of damage is relatively large; (d) the victim recovered the check from the damaged goods through a theft report; and (e) other various sentencing conditions as shown in the records and arguments, such as the Defendant’s age, family environment, conditions before and after the instant crime, etc., the lower court’s punishment against the Defendant is somewhat unreasonable.

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

(Inasmuch as the original judgment is reversed, the prosecutor’s appeal shall not be dismissed separately). The criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the original judgment, and thus, it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions concerning facts constituting an offense;