The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The summary of the grounds for appeal (unfair sentencing) is unreasonable as it is too unfasible that the sentence of the lower court (ten months of imprisonment, two years of suspended sentence, one year of observation of protection, one year of community service work, 120 hours) is too unfasible.

2. Determination

A. It is recognized that the Defendant confessions the instant crime and reflects the Defendant’s age, etc.

B. However, the lower court sentenced the Defendant on December 23, 2015, on the following grounds: (a) the amount of damage caused by the instant crime is more than KRW 6 million; (b) the victims did not agree with; and (c) the victim did not recover damage except for the damaged parts returned; (d) the Defendant was sentenced to a fine for larceny; and (e) the Defendant had the record of being sentenced to a juvenile protective disposition on four occasions due to special larceny; and (e) the Defendant was sentenced to the prosecution on December 23, 2015; (b) the Defendant committed the larceny and the fraud committed on April 13, 2016 while the appellate trial was pending; and (c) the Defendant did not seem to have been able to be able to care for committing the larceny, etc. on April 25, 2016; and (d) the Defendant’s age and environment, and the circumstances after the commission of the instant crime, etc.; and (e) the sentencing conditions indicated in the pleadings in the instant case are deemed unfair.

(c)

Therefore, the prosecutor's above assertion is justified.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is so decided as follows through a new theory of change.

Criminal facts

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

Application of Statutes

1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 331(2) and 331(1) of the Criminal Act regarding the choice of punishment (each special larceny), Article 347(1) of the Criminal Act (each fraud point, choice of imprisonment), Article 329 of the Criminal Act (section 329 of the Criminal Act, choice of imprisonment with labor), and the Criminal Act.