The judgment of the court below is reversed.

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

Seized evidence 6, 18, 19, 24, 28, 35, 36, 38, 49, 51, 51.

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (one year of imprisonment) is too unreasonable.

2. The crime of this case is deemed to require strict punishment against the defendant considering the following: (a) the crime of this case requires the crime of larceny or misappropriation of possession of a mobile phone; (b) the personal information contained in a mobile phone was leaked or used as a mobile phone; and (c) the risk of causing other crimes; and (d) the amount and value of the mobile phone acquired by the defendant is considerable; (b) but in full view of all the sentencing conditions indicated in the argument of this case including the fact that the seized mobile phone was returned or returned to the victims; (c) the defendant reflects his mistake; and (d) the defendant has no record of punishment for any crime similar to this case, such as the defendant’s age, character, conduct, and environment, the punishment imposed by the court below is somewhat inappropriate.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded.

Criminal facts

The summary of the criminal facts and evidence of the defendant recognized by the court is identical to the 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. Relevant Article 362 (1) of the Criminal Act concerning the facts constituting an offense and Article 362 (1) of the choice of punishment;

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

1. Article 333 (1) of the Criminal Procedure Act for return;