The judgment of the court below is reversed.

The punishment of the accused shall be four months by imprisonment.

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. The fact that there was a history of punishment twice for the same type of crime committed against the defendant; the defendant was sentenced to two years of the suspended sentence on March 29, 2012 by the Incheon District Court to imprisonment with prison labor for the crime of larceny, etc. on March 29, 2012; the defendant cannot be exempted from punishment in that he again commits the crime of larceny during the period of imprisonment with prison labor for about four months; the victim is punished against the defendant; however, the defendant must not recognize and repeat his mistake; after the judgment of the suspended sentence becomes final upon the occurrence of the crime of this case, the sentence of the crime of this case becomes null and void and void, and the victim has returned all the damaged goods of the crime of this case; and other factors that form the conditions of sentencing as shown in the records, such as motive and circumstance leading to the crime of this case, the age and character of the defendant, character and character, occupation, family relationship, etc., it is somewhat inappropriate to punish the defendant.

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.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each 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 Article 319(1) of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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