A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

In light of the overall circumstances of this case, the punishment imposed by the court below (10 months of imprisonment) is too unreasonable.

Before determining the grounds for appeal by the Defendant’s ex officio, special larceny as stated in the judgment of the court below is a crime falling under Articles 331(1) and 330 of the Criminal Act, and the statutory penalty is imprisonment with labor for not less than one year but not more than ten years. Thus, in order for the court below to sentence the Defendant to imprisonment with prison labor for less than one year, it should have been mitigated pursuant to Articles 53 and 55(1)3 of the Criminal Act. However, the court below erred in violation of the minimum statutory penalty by omitting discretionary mitigation in the application of statutes while sentencing the Defendant for ten months. In this regard, the court below’s judgment was no longer maintained.

If so, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing since the above grounds for reversal of authority exist, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning facts constituting an offense and Article 329 of the Criminal Act which choose punishment, Articles 331 (1) and 330 of the Criminal Act, and Article 330 of the Criminal Act;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Probation Criminal Act;