A defendant shall be punished by imprisonment for not less than one year and six months.

2. However, this case is a case where the defendant steals the bank of a victim divingd on the roads under the influence of alcohol, and the defendant has a record of punishment several times for the same crime, which is disadvantageous to the defendant.

However, in light of the fact that the Defendant committed the instant crime and reflects his mistake, that the stolen goods were entirely returned to the victim, that the amount of damage was not much, and other various sentencing conditions that were shown in the records and arguments, such as the Defendant’s age, character and conduct, family environment, etc., the punishment imposed by the lower court is somewhat inappropriate.

3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading 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 below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, and the choice of limited imprisonment concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;