The judgment of the court below is reversed.

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

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. In light of the fact that the Defendant was already punished for the same type of crime but twice or repeatedly committed the instant crime that steals another person’s mobile phone, in particular, the Defendant was sentenced to imprisonment with prison labor for larceny on December 21, 2009 and released on July 16, 2010 and then committed the thief under paragraph (1) of the same Article during the period of repeated crime, and did not take any measures for recovery from damage to the trial, etc., the sentence of imprisonment with prison labor against the Defendant is inevitable.

However, in light of all the sentencing conditions on the records of the instant case, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, etc., the lower court’s punishment against the Defendant is somewhat unreasonable, considering the following factors: (a) the Defendant’s confession of all the instant crimes and reflects their depth; (b) the health condition is not good due to traffic accidents that occurred around September 201; and (c) the damage amount is not relatively large; and (d) the Defendant’s actual profit does not appear to be much high; and (b) the Defendant’s punishment against the Defendant is somewhat unreasonable.

3. The decision of the court below is reversed in accordance with Article 346(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and Articles 329 (Selection of Imprisonment)

1. Article 35 of the Criminal Act of Aggravation of Cumulative Offense (Aggravated Offense)

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;