The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

1. The judgment of the court below against the defendant in light of the gist of the grounds for appeal is too unreasonable.

2. The crime of this case is deemed to have committed the thief crime, which is called the so-called thief based on the formation of a large number of people in a systematic and planned manner.

However, the Defendant was detained for a period exceeding four months, and the Defendant had sufficient opportunity to reflect, and the role of the Defendant was relatively low as “the wind” and was agreed with the victims.

In addition, in full view of the circumstances revealed in the arguments, such as the background of the defendant's participation in the crime, equity with the criminal defendant, age, character and conduct, intelligence and environment of the criminal defendant, motive, means and consequence of the crime, the punishment of the court below that sentenced the criminal defendant is too unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered after pleading, on the grounds that the appeal by the defendant is well-grounded.

[D.] The Criminal Procedure Act Article 369 of the Criminal Procedure Act provides that a summary of the facts constituting an offense and the evidence recognized by the court shall be the same as the relevant column of the judgment of the court below.

Application of Statutes

1. Article 331 (2) and (1) of the Criminal Act concerning the relevant criminal facts and the choice of punishment;

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

1. Suspension of execution under Article 62(1) of the Criminal Act (see the above Article 62(2) in favor of the defendant);

1. 보호관찰 및 사회봉사명령 형법 제62조의2 (피고인의 과거 경력과 친분관계에 비추어 다른 사람의 꾐에 빠져 범죄에 연루될 위험성이 있는 점을 고려하여 피고인에게 일정기간 동안 보호관찰관의 지도 감독 아래 잘못된 성행을 교정하고 재사회화를 하기 위해 보호관찰 및 사회봉사명령을 부과함)