The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is an unfavorable circumstance to the Defendant, where the Defendant instigated a minor person D to larceny, acquired stolen stolen objects by DNA, or purchased cultural merchandise coupons using a mobile phone that DNA stolen, and the nature of the crime is not negligible.

However, the Defendant appears to have recognized the entire crime of this case when it was in the trial for the first time and against the Defendant. In the trial for the first time, the said victim agreed with K of the victim and the Defendant’s wife. There was no record of criminal punishment at the time of the crime of this case. The crime of this case must take into account the equity between special larceny for which the judgment became final and the concurrent crimes after Article 37 of the Criminal Act, and the case where the judgment is to be rendered concurrently.

In addition, considering the defendant's age, sex, environment, motive and background of the crime, means and consequence of the crime, various sentencing conditions shown in the records and arguments, such as the circumstances after the crime, the punishment imposed by the court below is too 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 reasonable, and the judgment below is reversed and it is ruled again as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence admitted by the court and the summary of the evidence are as follows: (a) except for the addition of “1. Defendant’s trial testimony” to the main body of 2020 senior order 1109 in the summary of the evidence of the judgment of the court below as stated in each corresponding column of the judgment of the court below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 329 and 31 of the Criminal Act concerning the choice of punishment (a thief) and Article 362 (1) of the Criminal Act (a point of acquiring stolen property), Article 347-2 of the Criminal Act, and Article 347-2 of the Criminal Act, respectively.