The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (six months of imprisonment) against the Defendant is too unreasonable.

2. In light of the following facts: (a) the instant crime was committed by the Defendant, who was at the age of the Defendant jointly with C, and was stolen by means of escaping from the cell phone as it is, and the nature of the crime was bad; (b) the Defendant had the record of having received four times a juvenile protective disposition due to the same crime; (c) the Defendant was unable to agree with the victim up to the trial; and (d) did not take any particular measures to recover from damage, there is a need to punish the Defendant with strict punishment.

However, in full view of the fact that the defendant recognized the crime of this case and committed the crime of this case for more than three months, the number of the crimes was committed once, and the amount of damage was relatively large, the defendant has not yet been subject to criminal punishment under the age of 19 years, and the juvenile protective disposition was also a short-term probation disposition, not a transfer of juvenile reformatories, and other various sentencing conditions in the records of this case, such as the defendant's age, family environment, conditions before and after the crime, etc., the sentence imposed by the court below is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 346 (6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Prior to Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation.