The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for two years from the date of the final judgment.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for a maximum of ten months and a short of six months) of the lower court is unreasonable.

2. The judgment has a record of having received juvenile protective disposition for the same kind of crime more than 10 times, and during the probation period, the crime of this case was committed during the probation period, and the vehicle parked on the way of larceny and thieves and thieves, which was parked on the part of the convenience store, is driven by an unlicensed license.

It is recognized that the nature of the crime is not good, such as internal escape from the accident, and that it is not agreed with the victim D and K.

However, considering all the circumstances, such as the fact that the defendant is still a juvenile and the defendant's appearance due to a brupty, the fact that the defendant was detained for four months, and the fact that the defendant seems to be against the truth that the total amount of damage was not significantly significant in the amount of 5.4 million won, the defendant's personality and behavior, environment, motive, means and method of the crime of this case, and circumstances after the crime, etc., the court below's punishment is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The main points of the judgment of the court below are as follows.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 331(2) and (1) of the Criminal Act concerning the facts constituting an offense, and the choice of punishment (the occupation of special larceny), Articles 148 and 54(1) of the Road Traffic Act (the occupation of measures to prevent damage and destruction of things, the choice of imprisonment), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (the occupation of driving without a license and the choice of imprisonment);

1. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. Probation under Article 62-2 of the Criminal Act;