The part against the defendant shall be reversed.

Defendant shall be punished by imprisonment for one year and by a fine of 300,000 won.

2. The fact that the defendant had the same criminal history as the judgment of the court, who had been sentenced to the previous suspended sentence, was not aware of the fact that the crime was committed in many crimes with poor quality as stated in the judgment of the court below, and that he left his service without permission while serving as a social service personnel is disadvantageous to the defendant.

However, in light of the facts revealed that the defendant agreed with some victims, the degree of participation in the most serious special larceny crime seems to be hurder than the other co-defendants of the court below, and the fact that the defendant confessions and reflects his own crime, and the defendant's age, sex, environment, motive, means and consequence of the crime, etc., as well as various sentencing conditions specified in the records and arguments, the court below's punishment is somewhat unreasonable. Thus, the defendant's argument is reasonable.

3. Accordingly, the part of the judgment below against the defendant in accordance with Article 364 (6) of the Criminal Procedure Act is reversed as the defendant's appeal is reasonable, and the following decision is rendered again after pleading.

[Re-written judgment] The summary of the facts constituting an offense and the evidence is identical to each corresponding 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. Article 2 (2) 1 of the Act on the Punishment of Violences, etc., of Specific Crimes, Article 319 (1) of the Criminal Act (joint residential intrusion, choice of imprisonment), Article 331-2 and Article 30 of the Criminal Act (illegal Use of Motor Vehicles, Selection of Imprisonment), Article 331 (2) and Article 331 (1) of the Criminal Act (Special Larceny), Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (Special Larceny), Article 154 subparagraph 1 of the Road Traffic Act, Article 89-2 subparagraph 1 of the Military Service Act (the escape of service)

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act for the aggravation of concurrent crimes.