The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor of one year and a fine of one hundred and fifty thousand won, and Defendant B shall be punished by imprisonment with prison labor of eight months.

1. The summary of the grounds for appeal (defendant A: imprisonment with prison labor for a maximum term of two years, for a short term of one year, and for a fine of 150,00 won, and for defendant B: imprisonment with prison labor for a maximum of one year and six months, and for a short term of eight months) is too unreasonable.

2. The judgment is based on the following: (a) the records of juvenile protective disposition issued due to the same crime were seven times against Defendant A; and (b) the records were 11 times against Defendant B, etc. that were disadvantageous to the Defendants.

However, in full view of the fact that the Defendants recognized the instant crime and opposed to the fact that it was a juvenile who has no record of criminal punishment, the fact that the victim of the instant thief crime expressed his intention not to punish, the fact that the damage was almost recovered, and the various sentencing conditions as shown in the argument in the instant case, the lower court’s punishment seems to be somewhat unreasonable, and thus, the Defendants’ assertion is reasonable.

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 defendants' appeal is with merit, and the judgment below is reversed and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant legal provisions and Defendant A who has the option to impose punishment on the crime: Article 331(2) and (1) of the Criminal Act (special larceny), Article 154 Subparag. 2, and Article 43 of the Road Traffic Act (Selection of Fines): Defendant B: Article 331(2) and Article 331(1) of the Criminal Act (special larceny), Article 152 Subparag. 1, and Article 43 of the Road Traffic Act (Non-licensed Driving, Selection of Imprisonment)

1. Defendants to be mitigated as juveniles: Articles 2 and 60 of the Juvenile Act, and Article 55(1)3 of the Criminal Act

1. A aggravated concurrent crimes: the former part of Article 37, Article 38(1)2 and 3, and Article 50(1)2 and 50 of the Criminal Act: Defendant B: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (a concurrent crimes with punishment prescribed for special larceny).