The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. The sentence of the court below (two years of imprisonment) is too unreasonable.

2. Determination

A. The crime of this case was committed by the Defendant with a ice cream, which was located outside a freezing which was put in a cresh where surveillance was neglected at the convenience store, and stolen it on a vinyl cream, and committed another crime in the same manner after approximately a week, and thus, was discovered, the Defendant assaulted the victim for the purpose of evading arrest.

In light of the fact that the Defendant was sentenced to criminal punishment on several occasions, including punishment, due to the crime of larceny or robbery in the past, and that the Defendant committed the instant crime again during the period of repeated crime due to the same type of larceny, it is inevitable to sentence the Defendant as a sentence.

In the case of robbery, only imprisonment is prescribed as a statutory penalty.

B. However, in full view of the following: (a) the degree of damage caused by the larceny is relatively minor; (b) the level of assault against the quasi-Robbery is not high; (c) the motive for the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the crime; and (d)

C. Therefore, the defendant's assertion is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: "The defendant shall be punished by imprisonment with prison labor for larceny at the Incheon District Court on September 30, 2010, and three years shall be suspended.