The judgment of the court below is reversed.

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

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

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (ten months of imprisonment) is too unhued and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. We examine both the judgment and the defendant's respective arguments on unreasonable sentencing.

In light of the background, frequency, etc. of the crime, the crime of this case's cell phone case is not good, and the use of this case's cell phone case is restricted in Korea, or it is used for the manufacture of so-called group or product, and the defendant sells or arranges the sale to Chinese people. Ultimately, there is a high room to regard this as being heavy than the stolen person or the person who requested the sales mediation, and the profit gained therefrom is reasonable, and the victim's damage is much larger than that of the victim's damage.

However, it is reasonable to consider the following facts: (a) the Defendant’s mistake was divided and rebuttaled by the Defendant; (b) the Defendant had no criminal record in the same way; (c) the Defendant has been detained for a considerable period of time due to the instant case; (d) the wife and children should support the instant mobile phone case; and (e) the person who directly stolen the instant mobile phone case and the person who requested the Defendant to arrange for the instant case was punished by

In full view of the circumstances revealed in the above circumstances, such as the defendant's above-mentioned relation, age, character and conduct, environment, background of the crime of this case, circumstances after the crime of this case, and the result of criminal punishment against accomplices, it is deemed that the sentence imposed by the court below is too heavy.

Therefore, the defendant's assertion is with merit and prosecutor's argument is without merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following decision is rendered again.

Criminal facts

The Court shall have jurisdiction over the summary of the evidence and evidence.