The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. In light of the circumstances and contents of the instant crime, how to commit the instant crime, etc., the crime was poor; the damage from the instant crime was recovered or not agreed with the victim; there was a record of criminal punishment several times of the same crime; in particular, on July 23, 2014, in the Daejeon District Court Red Branch, the Defendant committed the instant crime during the repeated crime period after having been sentenced to imprisonment with prison labor for night building intrusion, larceny, etc. on one year and six months from the date of the execution of the instant punishment, and completed the enforcement of the sentence; however, it is unfavorable for the Defendant to have committed the instant crime; on the other hand, the number of the instant crimes is only one time, and the amount of theft is minor, and the amount of theft is not significant; and other various sentencing conditions as shown in the records and arguments, such as the Defendant’s age, happiness environment, and circumstances before and after the instant crime, etc., the Defendant’s punishment against the Defendant is somewhat inappropriate.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the crime and evidence against the defendant recognized by the court is identical to the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 329 of the Criminal Act applicable to the crimes;

1. Article 35 of the Criminal Act among repeated crimes;