The judgment of the court below is reversed.

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

Nos. 1 and 2 of seized evidence shall be taken by the defendant respectively.

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. In light of the fact that the accused has been punished several times for the same kind of crime, repeated crimes have been committed during the period of repeated crime due to the same crime, and the accused has been subject to disciplinary action by borrowing the same prisoner in prison or fighting during the period of detention, it is inevitable to sentence the accused to a sentence.

However, in light of the fact that the amount of the stolen money by the Defendant is not only much much, but also the victim immediately returned the stolen money after the commission of the crime, the victim does not want to be punished, and the fact that the Defendant in fact was able to frequently prevent the Defendant from committing a crime with frequent economic difficulties, which led to the Defendant’s poor growth environment and economic difficulties. However, the lower court’s punishment against the Defendant is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column 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

1. Article 330 of the Criminal Act applicable to the crime;

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

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