The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a maximum of four months and a short of two months.

1. The sentence of the lower court (long-term 6 months of imprisonment and short-term 4 months) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The Defendant committed the instant crime on the basis of the following facts: (a) the Defendant, entering the victim E’s residence, stolen the physical card and withdrawn cash using the said physical card; and (b) the Defendant, despite no intent or ability to pay the taxi fee, acquired pecuniary benefits by deceiving the victim F by deceiving him; (c) in light of the content of the crime, the relevant crime is heavy; (d) the Defendant did not make any effort to recover the victims’ damage; and (e) the Defendant committed the instant crime at the same time during the period of repeated crime of the same kind.

However, it is difficult to readily conclude that the Defendant’s confession of the instant crime in depth reflects the Defendant’s mistake, that the Defendant’s profit derived from the instant crime is not significant, that the Defendant’s health status is not good due to intellectual disability 2 degree 2, that the Defendant’s grow up in a bad family environment, and that it is difficult to readily conclude that the Defendant’s amendment has yet to reach green age, and that the Defendant’s punishment against the Defendant is too unreasonable, taking into account all other circumstances that serve as the condition for sentencing as specified in the instant argument, such as the Defendant’s age, sexual behavior, environment, etc.

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

Criminal facts

The summary of the facts charged and the evidence admitted by this court is identical to each 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. Relevant Article 347(1) of the Criminal Act (the point of fraud), Article 329 of the Criminal Act (the point of attempts), Article 319(1) of the Criminal Act (the point of intrusion upon residence) and the choice of imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes.