The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for three years from the date this judgment becomes final and conclusive.

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The judgment of the defendant continued to commit the crime of this case even though he had the record of the suspension of indictment and the disposition of fine for the same crime, and the period of the crime of this case is a long-term period of 320 mobile phones, and the number of the purchased mobile phones reaches 320 mobile phones. The act of acquiring stolen stolen goods as in this case is highly likely to further encourage and cause the crime of larceny, etc., but it is recognized that the defendant has a high need for strict punishment, but the defendant should not reflect and repeat the crime through the detention period for about 4 months. The defendant has agreed to pay 50 million won to the victim during the trial, and the damage has been recovered, and all the other sentencing conditions shown in the records and arguments of this case, such as the defendant's age, character and behavior, environment, motive, means and result of the crime of this case, and circumstances after the crime, etc., the above argument by the court below is justified. Thus, the defendant's above assertion is justified.

3. In conclusion, 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 with merit.

Criminal facts

The summary of facts and evidence recognized by the court is the same as 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. Article 5-4 (4) of the Act on the Aggravated Punishment of Specific Crimes and Articles 363 and 362 (1) of the Criminal Act (generally, choice of limited imprisonment) concerning the crime;

1. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances in the above);

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 62 (1) of the Criminal Act (the favorable circumstances in the above part) is above;