The judgment of the court below is reversed.

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

Defendant

The gist of the grounds for appeal by the defense counsel is that the punishment imposed by the court below (one year of imprisonment) is too unreasonable.

Therefore, in light of the fact that it is not good to commit the instant crime, which steals money by arbitrarily withdrawing cash after receiving the victim’s check from the age club that the Defendant works as a customer, and that it is not possible to reach an agreement with the victim due to the failure to recover damage to the victim, it is reasonable to punish the Defendant with strict punishment.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime from the investigative agency to the trial; (b) there is no power to commit the instant crime; (c) the Defendant did not have any criminal record exceeding the fine; and (d) the Defendant did not have any same criminal record; and (c) the Defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime; and other various circumstances, which are conditions for sentencing as indicated in the present argument and the record, including the circumstances after the crime, the lower court’s sentencing is deemed unreasonable, and thus, the Defendant and his defense counsel’s assertion

If so, the defendant's appeal is justified, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided again as follows.

[Dao-written judgment] The criminal facts and the summary of the evidence admitted by the court and the summary of the evidence are as stated in each corresponding column of the judgment below except for adding "1. The defendant's oral statement at the court below" to the summary of evidence in the judgment below. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

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

1. Discretionary mitigation Criminal Act;