The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

【Reasons for Appeal】

1. The sentence of the lower court (six months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The crime of this case pertains to the theft of goods of KRW 4,500 from C and the driving without a license.

On December 14, 2018, the Defendant was sentenced to one year of suspended sentence due to occupational breach of trust, etc. at the Seoul Eastern District Court, and committed the instant crime on December 22, 2018 during the period of suspended sentence due to the previous conviction.

The Defendant had previously been sentenced to a fine due to driving without a license three times.

These circumstances are disadvantageous to the defendant.

On the other hand, the defendant shows his attitude to confession and reflect the crime of this case.

It is too small that the value of larceny damage is too small.

The defendant does not want to be punished against the defendant by agreement with the victim of larceny.

These circumstances are favorable to the defendant.

In addition, considering the defendant's age, sex, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, the sentence of the court below is too 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, and the judgment below is reversed and it is again decided as follows

【Reasons Concerning Public Prosecution】 The description of each corresponding column of the judgment of the court below shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 329 of the Criminal Act applicable to the relevant criminal facts and Article 329 of the choice of punishment (abstinence, imprisonment selection), Article 152 Subparag. 1, Article 43 of the Road Traffic Act (abstinence without a license, abstinence of imprisonment), the former part of Article 37, Article 38(1)2 of the Criminal Act, and Article 62-2(1) of the Act on the Suspension of Execution, Article 50 of the Criminal Act provides that an order to attend a lecture under Article 62-2(1) of the Criminal Act shall be issued.