The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. The gist of the grounds for appeal is that the accused made a confession of all the facts charged from the investigative agency and reflects in depth the mistake.

The defendant has long been living without criminal records such as theft, except for those subject to suspended sentence due to the operation of the former illegal game room.

In the past, the Defendant did not have any debt and demand related to the operation of the illegal game room, and committed the instant crime in a timely manner.

The amount of damage is not relatively significant.

In full agreement with the victim and repayment of the amount of damage, the victim was also punished by the victim.

The defendant was living alone, but the mother was detained by the defendant, and the mother is in difficult condition to live.

The defendant does not engage in any criminal act again.

In full view of these circumstances, the defendant will be punished to the maximum extent possible.

2. The defendant has stolen goods several times at work, and the nature of the crime is considerably poor.

On the other hand, the Defendant, in the trial of the party, has restored the damage to the victim and agreed with the victim.

When the judgment of the court below is rendered, the defendant was detained, and was living in prison for more than two months.

In addition, considering the defendant's age, family relation, sex, career, environment, details and result of the crime, circumstances after the crime, criminal experience, and all the sentencing circumstances shown in the records and arguments of this case, the sentence imposed by the court below is deemed unfair, and thus, the argument of sentencing is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to 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 a crime and summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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