The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Summary of Grounds for Appeal

The sentencing of the lower court (eight months of imprisonment) is too unreasonable.

Judgment

In light of the following circumstances: (a) even though the Defendant had been subject to a disposition of criminal punishment or suspension of indictment on five occasions for the same crime, the Defendant committed the instant crime; (b) however, the Defendant committed the instant crime at a disadvantage to the Defendant; (c) the Defendant led to the confession of the instant crime and reflects his depth during the period of detention for about two months; (d) the damaged goods were returned to the victim at the scene of the crime; (e) the Defendant deposited KRW 500,00 for the victim; and (e) the Defendant’s family members were able to take the lead of the Defendant; and (e) the Defendant’s family members wanted to be able to take the front place by taking account of the motive and background of the instant crime; (e) the circumstances following the instant crime; (e) the Defendant’s age, character and conduct, and environment; and (e) other various circumstances, which are the conditions of sentencing specified in

Thus, the defendant's appeal is justified, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is judged as follows.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment below, and they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., circumstances favorable to the defendant among the grounds for reversal in the front);