The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

The judgment below

The number of days of detention before being sentenced shall be ten four days.

The gist of the grounds for appeal of this case is that the sentence imposed by the court below against the defendant is too unreasonable.

In light of various circumstances, such as the degree of damage caused by the instant crime, the Defendant’s age, health condition, and family environment, even though the Defendant had been punished several times for the same crime, the Defendant’s argument is reasonable, since the sentence imposed by the lower court is somewhat heavy, given that it is recognized that the sentence imposed by the Defendant is somewhat excessive.

Therefore, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment shall be rendered after pleading.

Criminal facts

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

Application of Statutes

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Article 362 (2) and (1) of the Criminal Act and Article 362 (1) of the Criminal Act concerning the criminal facts (the point of keeping stolen articles);

1. Selection of each imprisonment with prison labor concerning the crime of thiefing the offense of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment for limited term, arranging stolen goods,

1. Article 35 of the Criminal Act among repeated crimes (within the limit under the proviso to Article 42 of the Criminal Act for the crimes of larceny) ;

1. The former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act to increase concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 57 of the Criminal Act including days of detention;

1. Article 333(1) of the Criminal Procedure Act for the Return of Victims;