The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

Summary of Grounds for Appeal

The sentence of the court below (eight months of imprisonment) is too unreasonable.

Judgment

In addition, even though the defendant had been subject to criminal punishment several times for the same crime, there is a need to strictly punish the defendant as he committed the crime of this case, and there is no agreement with the victim.

However, the court below's decision-making area (basic area), recommendation range (1 to 2 years and 3 months), considering the following factors: The defendant led to the crime of this case and his mistake in depth, most of the damaged items were returned to the victim, the defendant's spouse who is administered as an cancer that the defendant should look at, the defendant's age, character and behavior, environment, motive, means and consequence of the crime, various conditions of sentencing such as the defendant's age, character and behavior, motive of the crime, circumstances after the crime, and the range of recommended sentence according to the sentencing guidelines of the Sentencing Commission: thief crime; thief for general property; thief for general property; thief for special mitigation (in case of structures damaged at night, etc.), thief for special aggravation (in case of crimes of larceny), thief for general property; thief for special mitigation factors (general larceny); thief for special mitigation factors; thief for recommendation range (in case of mitigation area); 1 to 21 year and suspended execution range for execution.

As the defendant's appeal is well-grounded, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

Criminal facts and the summary of evidence recognized by the court as stated in this Court shall be as stated in the corresponding columns of the original judgment.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 331 (1), 330, and 329 of the Criminal Act concerning the crime;

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