The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The gist of the grounds for appeal asserts that the sentence of the lower court (four months of imprisonment) is too unreasonable.

2. One-on board, although the defendant committed the crime of larceny or attempted larceny more than three times a day, the defendant's mistake was recognized, the total market price of two mobile phones, which is the victim of the thief crime of this case, was 80,000 won, and the above two mobile phones were returned to the victims (the victim was returned temporarily, and the victim was recovered directly by the victim), and the victim D did not want punishment against the defendant (Evidence No. 93). The victim D did not want to be punished against the defendant (Evidence No. 93), the defendant was detained more than four months in this case, and all of the circumstances, including the circumstances and contents of the crime of this case, the defendant's age, character and conduct, family relationship, occupation, occupation, and occupation, etc., the sentence of the judgment below is unreasonable.

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 well-grounded, and the following decision is rendered after pleading.

[Dao-written judgment] The criminal facts against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of each judgment of the court below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act, Articles 322 and 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, and the choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act;