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

No. 1 of the seized evidence shall be from the defendant.

A. Defendant 1’s misunderstanding of facts (2018 Goym 5042) is of a small size so that the Defendant could not enter the scene of the crime, and the Defendant’s theft of the article was calculated excessively as the amount of the damaged article and the amount of the damage.

2) The sentence sentenced by the lower court to the Defendant (a prison term of six months, confiscation) is too unreasonable.

B. The lower court erred by misapprehending the legal doctrine, which omitted the application of the aggravated provision of repeated crime, even though the crime of this case was committed by misapprehending the legal doctrine on prosecutor 1) was committed after the judgment of retrial became final and conclusive and its execution was completed.

2) The sentence sentenced by the lower court to the Defendant is too unhued and unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, namely, the defendant's legal statement, victim's statement, CCTV closure photographs, the defendant can sufficiently be found to have stolen the damaged article like the facts charged, and the amount of the damaged article and the amount of damage are calculated excessively like the defendant's assertion.

shall not be deemed to exist.

The defendant's assertion of facts is without merit.

B. Decision 1 on the Prosecutor’s argument of misunderstanding the legal doctrine 1) If a sentence becomes invalidated due to a final and conclusive judgment of a new judgment, the sentence imposed in the previous final and conclusive judgment cannot be deemed as a ground for aggravation of repeated crimes (Supreme Court Decision 2015Do17440, Feb. 18, 2016). However, given that the procedure for which a sentence was imposed is a retrial procedure under the Criminal Act, there is no reason to exclude the application of an aggravated provision of repeated crimes under the Criminal Act, so if a new judgment becomes final and conclusive and execution of a sentence based on a new judgment is completed,

2) According to the evidence duly adopted and examined by the lower court, the Defendant is punished by imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the Suwon Franchisium on April 16, 2013.