The defendant's appeal is dismissed.

1. The sentence of the court below (one year of imprisonment) shall be too heavy.

2. The fact that the Defendant recognized all of his criminal acts and reflects on the fact that the theft of this case is one mobile phone with the market value of at least 80,000 won, and that the object acquired with stolen goods is only one mobile phone with the market value of at least 90,000 won, which is favorable sentencing factors for the Defendant.

However, the fact that the defendant is sentenced to two times of imprisonment for the same crime, one-time suspension of the execution of imprisonment for the same crime, the crime of this case constitutes a repeated crime, the fact that the defendant was sentenced to imprisonment for the same kind of crime and was committed within three years after the execution of the sentence was completed, and that there was no agreement with the victims, and that there was no change of circumstances that may be considered in the sentencing after the judgment of the court below is an element of

In addition, considering the overall sentencing factors prescribed by Article 51 of the Criminal Act, such as the defendant's age, character, conduct and environment, it cannot be said that the sentence of the court below is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.

[However, the judgment of the court below, one of the reasons for sentencing, omitted "Article 35 of the Criminal Act, which is the basis for the aggravation of repeated crimes (the defendants)" in the application column of the law, even though the defendant is a repeated crime. This constitutes a case where there is an obvious error in the court decision, and such error is corrected ex officio in accordance with Article 25 (1) of the Regulation on Criminal Procedure.]