The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

1. The sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.

2. On November 9, 2010, the Defendant was sentenced to imprisonment with prison labor for a maximum of one year and six months for a short term, and one year for a short term on April 10, 2012 and committed the instant crime without being aware of the fact that the execution of the instant punishment was completed and was not completed for a repeated crime, and there are unfavorable circumstances, such as the fact that the Defendant committed the instant crime and was not recovered from damage. However, in light of all the circumstances of sentencing, including the Defendant’s age, character and behavior, environment, background, means and method of the instant crime, and circumstances after the instant crime, etc., the Defendant’s punishment imposed by the lower court is somewhat unreasonable, considering all the sentencing conditions, such as the Defendant’s age, character and behavior, environment, the instant crime, how the Defendant committed the instant crime was committed, and the Defendant’s allegation is reasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to the corresponding column of the original judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 330 of the Criminal Act, and Article 360 (1) of the Criminal Act (the point of embezzlement of stolen articles and the choice of imprisonment) concerning the crime;

1. Article 35 of the Criminal Act among repeated crimes: Provided, That the punishment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes shall be aggravated within the limit under the proviso to Article 42 of the Criminal Act);

1. Of concurrent crimes, the former part of Articles 37, 38 (1) 2, 50, and the proviso of Article 42 of the Criminal Act [Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, is concurrent crimes with the punishment prescribed for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes

1. Discretionary mitigation Criminal Act;