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

2. The judgment of the court below is too unfair in light of the following factors: (a) the defendant was punished for larceny of the same law as this case; (b) the defendant repeatedly committed the larceny and other criminal acts even during the repeated period due to the same crime; (c) the defendant committed the larceny and other criminal acts against the defendant; (d) the defendant recognizes and reflects the criminal acts; (e) the amount of theft is not significant; and (e) the theft against an automobile with no door only against an automobile; and (e) the risk of the method of crime is relatively minor; and (e) the means and result of the crime; and (e) the circumstances after the crime; (e) the defendant’s age; and (e) various sentencing conditions

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence acknowledged by this court is as stated in the corresponding column of the judgment below, except where the following subparagraph 3 referred to as “victim” is deemed as “victim” under Article 369 of the Criminal Procedure Act, and the summary of the evidence is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 329 (Aggravated Punishment), 342, 329 (Aggravated Punishment) and 329 (Aggravated Punishment) of the Criminal Act concerning facts of crime, and choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;