The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The instant crime committed was committed by the Defendant after having been employed at a convenience store for the purpose of theft of property, and the Defendant was punished twice by a fine due to the same type of crime, and the nature of the instant crime is considerably poor, even though the Defendant was punished twice due to the same type of crime.

However, considering all of the sentencing conditions stipulated in Article 51 of the Criminal Act, including the motive and circumstances leading to the instant crime, the circumstances before and after the instant crime, the Defendant’s age, personality and conduct, and family environment, the Defendant’s mother was deposited for the recovery of damage, and the Defendant’s guidance was leading. In addition, considering all of the sentencing conditions stated in the records, the sentence imposed by the lower court is unreasonable.

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. Article 329 of the Criminal Act and the choice of punishment for the crime, Article 329 of the Criminal Act and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment determined for larceny against victims G with heavier penalty);

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the preceding);

1. Probation and community service order under Article 62-2 of the Criminal Act;