A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

2. The judgment of the accused has several records of punishment for the same crime, and in particular, it is unfavorable that the accused was charged with attempted larceny or attempted larceny on October 9, 2019 and on October 4, 2019.

However, from 194 to 1994, the defendant has no record of punishment, and the defendant is living an elderly.

배고픔을 견디지 못해 이 사건 범행에 이른 점, 위 약식기소된 공소사실의 일부도 이른바 ‘뻥튀기’를 절취한 것으로 먹을 것이 없어 행해진 것으로 보이는 점, 피해정도가 비교적 경미하고 피해품의 일부는 피해자에게 가환부된 점, 피해자 E은 피고인에 대한 처벌을 원하지 않는다는 의사를 나타낸 점, 피고인의 연령, 성행, 신분, 환경, 이 사건 범행의 경위 및 결과, 범행 후의 정황 등 양형의 조건이 되는 여러 가지 사정을 참작하여 보면, 원심이 피고인에 대하여 선고한 형은 너무 무거워서 부당하다.

The defendant's above assertion is with merit.

3. Since the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

【The reasons for the judgment of multiple times】 The facts constituting the crime against the defendant recognized by the court and the summary of the evidence are the same as the corresponding part of the reasoning of the judgment of the court below. Thus, it is decided to accept them as they are in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant Articles 331(1) and 330 of the Criminal Act concerning facts constituting an offense and Article 330 of the Criminal Act;

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act with heavier special larceny;