The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

【Judgment on Grounds for Appeal】

1. The decision of the court below against the defendant in light of the gist of the grounds for appeal is too unreasonable.

2. In light of the fact that the Defendant was punished as a thief, the Defendant obtained a vehicle number plate, which is an object of possession, and used the above vehicle number plate to facilitate thief by immediately using the vehicle. In fact, considering the background, method, and consequence, etc. of the crime committed by intrusion upon another person’s building at night and committing the thief, it is inevitable to sentence sentence on the Defendant, taking into account that the crime of this case is not good enough.

However, the defendant's confession of the crime and the amount of damage caused by the larceny is relatively small, and the victim does not want the punishment of the defendant by mutual consent with the victim F of the larceny. On April 2, 2014, the defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution on April 10, 2014 at Seoul Eastern District Court as stated in the judgment of the court below, and the judgment became final and conclusive on April 10, 2014. In light of the above final judgment and the crime of this case at the same time, the punishment for the crime of this case should be determined in consideration of equity and the case where the crime of this case is adjudicated, and other circumstances which form the conditions for various sentencing are considered unfair.

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 with merit, and the following judgment is rendered again after pleading.

[Grounds for the judgment of multiple times] Criminal facts and summary of evidence recognized by the court is identical to the facts of the crime and summary of evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 330 of the Criminal Act concerning criminal facts, the choice of punishment (the point of larceny at night) and the Criminal Act.