The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. The gist of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, one year of suspended execution, and eight hours of social service) is too unreasonable;

2. The defendant committed a theft jointly with his accomplice, and the offense is disadvantageous to him.

On the other hand, in full view of the fact that the defendant recognized the crime of this case, the first offender, the defendant was the first offender, the degree of participation of the defendant was minor, the defendant paid to the victim and agreed to pay the damage to the victim in the trial, the defendant's family members are supervising the defendant who has intellectual disability, and all other circumstances, including the defendant's age, character and conduct, the process and motive leading to the crime of this case, the circumstances after the crime, etc., and the conditions of sentencing as shown in the arguments, the sentence imposed by the court below is somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court are the same as that of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Six months of imprisonment with prison labor to be suspended;