The judgment of the court below is reversed.

The punishment of the accused shall be four months by imprisonment.

However, from the final date of this judgment.

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (4 months of imprisonment).

2. In light of the circumstances that are favorable to the Defendant, such as the motive and background leading up to the instant crime, the circumstance before and after the instant crime, the Defendant’s age, character, environment, occupation, family relation, etc., in light of the following factors: (a) although there were circumstances unfavorable to the Defendant, such as the fact that the Defendant was found guilty; (b) special larceny, which became final and conclusive in January 8, 2013, and the special larceny under the latter part of Article 37 of the Criminal Act, and the fact that the judgment should be taken into account at the same time, and the fact that the Defendant faithfully lives in good faith after being released therefrom; and (c) other factors such as the sentencing conditions indicated in the record, such as motive and circumstance leading up to the instant crime; (d) the Defendant’s age, character, behavior, occupation, family relation, etc., as well as the background leading to the crime.

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The latter part of Article 39 (1) and Article 55 (1) 3 of the Criminal Act to mitigate concurrent crimes under the latter part of Article 37 of the Criminal Act;

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