The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The circumstances favorable to the Defendant include: (a) the Defendant led to the confession and reflection of the offense; (b) the victim’s crypology, chip text, modern transfer theory, and the fact that the said victims were not subject to punishment; and (c) the fact that there was no criminal history heavier than that of the Defendant.

On the other hand, the defendant had access to the construction site several times and has committed a crime that is planned by several methods to load old wire on the vehicle well, and in light of the background of the crime or the method of the crime, etc., the crime is not good; even if the defendant stolen the old wire, the damage recovery does not have considerable part; and there is a record of being sentenced to a suspended sentence of imprisonment for property crime, it is disadvantageous.

In full view of the aforementioned various circumstances, including the Defendant’s age, character and conduct, the motive and consequence of the instant crime, the means and consequence of the instant crime, as well as the various sentencing conditions indicated in the instant case, the lower court’s punishment is too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, they are 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, the choice of punishment, and the choice of imprisonment;

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