The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. The decision of the court below on the gist of the reasons for appeal (two years of imprisonment) is too unreasonable.

2. In light of the following, the Defendant is strictly punished on account of the following: (a) the Defendant had the same criminal records (two times of suspension of execution of punishment and two times of punishment); (b) the Defendant committed the instant crime during the period of repeated crime for the same kind of crime; and (c) the frequency of the crime is not considerable; and (d) the Defendant has not been recovered from damage.

However, in full view of the following: (a) the Act on the Acceptance of Criminal Crimes of this case is simple; (b) the amount of damage is not relatively large; (c) the relevant provisions of the Act applicable to the judgment that forms the basis of repeated offenses (Article 5-4(1) and Articles 329 and 342 of the Criminal Act) were unconstitutional by the Constitutional Court; and (d) the details of the instant crime, the Defendant’s age, occupation, character and conduct, environment, circumstances after the instant crime, etc., and all matters concerning the sentencing specified in the records and arguments, such as the records and arguments of this case, are recognized as unreasonable, and thus, the Defendant’s assertion is reasonable.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is again ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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 329 and 342 of the Criminal Act concerning facts constituting a crime and Articles 329 and 342 of the Criminal Act concerning the selection of punishment (the point of each larceny and attempted larceny, and the

1. Article 35 of the Criminal Act among repeated crimes;

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