The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. The 6-month imprisonment sentenced by the court below is too unreasonable.

2. Determination: (a) In light of the following: (b) damage caused by each of the instant crimes is relatively minor; (c) in the case of special larceny, the victim was discovered during the commission of the crime and appears to have no benefit from the acquisition of the Defendant by leaving the stolen goods at the scene; (d) D, an accomplice, has suspended indictment; (c) the Defendant has no criminal record; and (d) other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (e) the circumstances before and after the crime, etc., the sentence imposed by the lower court against the

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

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 column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning facts constituting a crime, Article 329 of the Criminal Act that selects punishment, and Article 331 (2) and Article 331 (1) of the Criminal Act (a point of concurrent larceny);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation ( considered as favorable circumstances in the above determination);

1. Article 62 (1) of the Criminal Act on the Suspension of Execution ( considered for repeated normal consideration in light of the above judgment);