The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

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

1. The sentence imposed by the court below (four months of imprisonment) shall be too heavy.

2. The crime of this case, which was committed on board, is an element of sentencing unfavorable to the defendant, in the following cases: (a) the victim’s cell phone known to the general public was stolen and intended to sell it; and (b) the criminal nature of the arrested case is not sufficient; and (c) the defendant has been punished by a fine on two occasions due to larceny.

However, considering the following facts: (a) the Defendant recognized the instant crime; (b) the Defendant has no record of being sentenced to the suspension of execution or heavier punishment; (c) the amount of damage is not so large; (d) the Defendant was temporarily returned to the victim due to the seizure of damaged articles; (e) the Defendant was a sensive to support the Defendant; and (e) other various sentencing conditions specified in the instant argument, the lower court’s sentence against the Defendant is somewhat unreasonable

3. Since the defendant's appeal is with merit, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, except for the addition of “the defendant’s trial statement at the court below” in the summary column of the evidence. As such, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and Articles 329 (Selection of Imprisonment)

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;