The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be confiscated.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and six months of imprisonment, confiscation) is too unreasonable.

2. Although the Defendant had been punished several times for the same crime, the Defendant committed the instant crime at another time for a repeated crime due to the same criminal record, and the instant crime was committed by taking the door of the vehicle into the date drone and committing a theft, which is disadvantageous to the nature of the crime.

However, in consideration of the fact that the defendant recognized the crime and is against the defendant, the value of the damaged goods is relatively small, and most of the damaged goods have been returned, and the considerable amount of damage has been restored, the sentencing of the court below is too unreasonable.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited by Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime committed;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The scope of applicable sentences by law: Imprisonment for one year to twenty years; and

2. Scope of the recommended punishment on the sentencing guidelines: One year and six months to three years (the scope of the recommended punishment) [the scope of the punishment]] of the basic area (one year and six months to three years] of the theft under the Specific Crimes Aggravated Punishment Act (joint and repeated larceny) (one year and six months to three years].

3. As above, in consideration of the various circumstances and sentencing conditions as seen above, the scope of the recommended sentence according to the sentencing guidelines shall be somewhat exceeded, and the sentence shall be determined as ordered.