The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that this judgment.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (in the event of imprisonment with prison labor for not less than six months, two years of suspended sentence, observation of protection, and community service for not less than 80 hours) is too unreasonable.

2. Although the number of times of the commission of crime is not so significant, there are unfavorable circumstances, such as failure to recover damage, etc.

However, in full view of the fact that the degree of Defendant’s participation in the instant crime is considerably minor, that is the first offense without any criminal history, and that it appears that there is sufficient room for edification improvement as the age of 20 first half and second half, that one’s mistake is recognized, and in depth reflects his depth, and in particular, it is confirmed from June 2015 to June that one is engaged in community service activities in the welfare center, etc., as well as the motive, means and result leading up to the instant crime, the circumstances following the instant crime, Defendant’s character and conduct, family environment, etc., and all other circumstances that form the conditions for sentencing as shown in the records and arguments, even if considering the aforementioned unfavorable circumstances, it is recognized that the punishment imposed by the lower court against the Defendant is unfair because it is somewhat inappropriate.

3. Accordingly, the part of the judgment of the court below against the defendant in accordance with Article 364 (6) of the Criminal Procedure Act is reversed as the defendant's appeal is well-grounded, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 330 of the Criminal Act (a thief in case of intrusion on a structure at night), Article 331 (2) and Article 331 (1) of the Criminal Act concerning facts constituting an offense (a thief in case of special larceny);

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

1. Articles 53 and 55(1)3 of the Criminal Act (the conditions favorable to the reasons for sentencing as seen earlier) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The conditions favorable to the reasons for sentencing as seen earlier);