The judgment of the court below is reversed.

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

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The Defendant committed the instant crime, such as theft and unlicensed driving, even though he was under repeated crime due to the same crime.

However, in full view of the following circumstances: (a) the Defendant recognized the entire facts charged; (b) the risk of larceny and the amount of damage are relatively large; and (c) each of the instant crimes is a crime before the final and conclusive judgment; (d) the Defendant’s age, environment, sex, circumstances leading to the instant crime; and (e) the circumstances leading to the instant crime; and (e) the circumstances after the commission of the crime, etc., the lower court’s punishment is unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, the summary of the facts and evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 152 Subparag. 1, Article 43 (Unlicensed Driving) of the Road Traffic Act, Article 239(1) of the Criminal Act (the point of the signing of the company), Article 239(2) and (1) of the Criminal Act (the point of the signing of the company), Article 329 of the Criminal Act (the point of the signing of the company), Article 329 of the respective Criminal Act, the choice of imprisonment for each crime;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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;