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.

The summary of the grounds for appeal (unfair punishment) of the lower court's sentencing (six months of imprisonment) is too unreasonable.

Since there has been a record of having been sentenced several times of punishment due to the same type of crime, the criminal liability of the accused is not easy.

However, considering the fact that the value of the stolen victim's goods is excessive to KRW 90,00,00 and the damaged goods are returned to the victim, that the victim expresses his/her intention not to want the punishment, that is, the defendant lives in custody for two months in the instant case, and all other circumstances that are the conditions for the sentencing specified in the instant case, the sentencing of the court below is too unreasonable.

Thus, the defendant's appeal is justified. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided 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, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration in favor of the defendant in the ground for reversal);

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;