The judgment of the court below is reversed.

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

No. 51 through 55 of seized evidence.

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

2. The crime of this case in light of the following: (a) the Defendant purchased and acquired stolen mobile phones while operating the cell phone store; (b) such type of crime resulted in the commission of or assistance in the crime of larceny or embezzlement of stolen objects by possession of mobile phones; and (c) the social harm is very serious; and (d) the Defendant’s most of the damage is impossible to recover from the crime of this case without a large amount of the volume of the cell phone acquired by the instant crime.

However, in full view of all the sentencing conditions, including the circumstances leading to the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, and environment, the sentence imposed by the lower court is somewhat unreasonable, in light of the following: (a) there was no history of punishment heavier than a fine, and (b) there was no conviction heavier than a fine; (c) there was an agreement with some victims or a partial deposit of the amount of damage; and (d) it appears that considerable effort was made to recover from damage.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

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

Application of Statutes

Selection of Punishment and Punishment

1. Relevant Article 362 (1) of the Criminal Act concerning the facts constituting an offense and Article 362 (1) of the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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