The judgment of the court below is reversed.

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

1. The main point of the grounds for appeal is that the lower court’s imprisonment (ten months of imprisonment) is too unreasonable.

2. The Defendant has the following disadvantageous circumstances:

The Defendant had been punished several times, including punishment for the same crime, even before the crime of this case was committed.

On August 31, 2016, the Defendant committed the instant crime even during the period of repeated crime, after the execution of punishment for attempted larceny, etc. was completed.

On the other hand, the defendant has the following favorable circumstances.

The defendant recognized the crime of this case and is against the law.

When the defendant is in a trial, the victim does not want the punishment of the defendant in consultation with the victim.

The damaged goods of the instant crime were returned to the victim.

In light of the sentencing conditions as shown in the argument of this case, including the conditions favorable to the defendant as seen earlier, the sentence imposed by the court below was changed in the trial, resulting in the change of sentencing conditions, so far as it was unfair.

Therefore, the defendant's above assertion is justified.

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 with merit.

[Dao-written judgment] The summary of facts constituting an offense and evidence recognized by this court is cited as it is in accordance with Article 369 of the Criminal Procedure Act, except where the court below stated “1. Part of the Defendant’s court statement” in the summary of evidence of the judgment below as “1. Defendant’s court statement” in the summary of evidence.

Application of Statutes

1. Article 330 of the Criminal Act applicable to the crime;

1. Determination of the sentence like the order shall be made in consideration of the various circumstances as seen in the judgment of the grounds for sentencing Article 35 of the Criminal Act among repeated offenders.