The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The sentence imposed by the court below (one year and two months of imprisonment) shall be unlimited and unfair.

2. The Defendant, for a considerable period of time, stolen another’s goods by a similar manual, and the frequency of the crime is extremely high.

The Defendant continued to commit a thief crime even though he was investigated or tried for a larceny crime, and was punished two times by a fine before committing the instant crime.

Considering these circumstances, the sentence on the defendant is inevitable.

However, as determined by the lower court, the Defendant recognized all of his mistake, restored the damage to some victims, and agreed to pay the amount of damage to the victim A in addition to the first instance.

In addition, considering the various sentencing conditions shown in the records of the instant case, such as the background of the instant crime, the age, character and conduct, environment, etc. of the Defendant, the sentence of the lower court is somewhat heavy.

3. As such, the defendant's appeal is reasonable, and it is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning facts constituting an offense and Articles 330 (a point of larceny at night), 329 (a point of larceny, choice of imprisonment), 319 (1) of the Criminal Act, and 342 and 330 (a point of attempted larceny at night) of the Criminal Act concerning the choice of punishment;

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