The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. On June 14, 201, the Defendant was sentenced to punishment, such as imprisonment, suspension of execution, etc. on six occasions for the same larceny, and on December 27, 2011, the Defendant was sentenced to imprisonment with prison labor for larceny at the Busan District Court, which was sentenced to eight months on December 27, 2011, and the execution of the sentence was completed, and thus, the Defendant again committed each of the instant crimes during the repeated crime period, and the Defendant’s history, character, and conduct appears to have a high risk of repeating the crime,

However, the crime of this case does not seem to have been considered as a living crime that was committed by the defendant who had been living with his mind due to the shock of divorce, and did not have the pain and conjection, and there is little amount of damage. It is reasonable to view that the court below's punishment is somewhat heavy in light of the following circumstances: the defendant's active and specific rehabilitation will, such as attending the prison life in depth during the period of detention and trying to adapt to society in the future, and endeavoring to prepare a stable situation with his surrounding assistance; thus, it is necessary to give an opportunity; and the defendant's age, character and conduct, and environment, and other various circumstances, which are the conditions for the punishment of this case, such as the defendant's age, character and behavior, are considered.

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 329 of the Criminal Act and the choice of punishment for the crime, Article 329 of the Criminal Act and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

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