The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to six months) of the lower court is too unreasonable.

2. Determination

A. The Defendant committed the instant larceny under the same law, despite the fact that he/she had been sentenced one time to stay of execution and two times to be punished by a fine, is disadvantageous to the Defendant.

B. However, in full view of the various circumstances, such as the confession of the instant crime, the Defendant’s confession, the amount of damage, the amount of damage is not significant, the agreement with the victim D in the lower court, the Defendant’s parents have been detained for more than two months, the Defendant’s parents are leading to the Defendant, and the Defendant’s age, criminal background, and the circumstances after the commission of the instant crime, etc., the sentence imposed by the lower court on the Defendant is unreasonable.

C. Therefore, the defendant's above assertion is justified.

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 summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and Articles 332 and 329 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration in favor of the defendant among the grounds for reversal);

1. Article 62-2 of the Criminal Act on community service order;