The judgment of the court below is reversed.

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

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. Circumstances unfavorable to the reasoning of appeal: The Defendant committed the instant crime without faithfully complying with the execution of a community service order, even though the judgment became final and conclusive on February 1, 2017, after having been sentenced to a suspended sentence of three years on January 20, 201 to one year and six months due to special robbery, etc. on January 20, 2017.

The favorable circumstances: The defendant shows his attitude to recognize and reflect the crime of this case.

The amount of damage caused by the instant crime (90 million won) is a relatively small amount.

In the past, the defendant did not want to punish the above victims under the agreement with the victim E and H.

The defendant's age, character and behavior environment including the above unfavorable circumstances, favorable circumstances, relationship to victims, motive means of crime, circumstances after crime, etc., various conditions of sentencing and the scope of recommended punishment according to the sentencing guidelines as shown in the arguments and records of this case, including the defendant's age, character and conduct environment, relationship to victims, motive means of crime,

(a) Basic crimes and concurrent crimes 1 and 2 concurrent crimes (determination of types) in the event that they intrude into places, other than indoor residential space, four types (special mitigation thief) (four types) (the scope of recommending punishment) (the scope of imprisonment from August to June);

B. In full view of the total sentence range of imprisonment with prison labor for the last 8 months to 2 years according to the standards for handling multiple crimes, the sentence imposed by the court below is too unreasonable because the sentence imposed by the defendant is too unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below shall be rendered again after pleading as follows.

【Grounds for a new judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to each of the relevant parts of the judgment below, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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