The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that this judgment.

1. The penalty of the original judgment against the accused (six months of imprisonment, confiscation, and return) is too unreasonable.

2. The crime of this case is committed two times before and after the same probation period has lapsed, and the defendant committed about five months after the same probation period. However, the value of the damaged goods of this case is about 400,000 won, as well as about 400,000 won, and there is no significant damage to the victim due to the attempted crime of this case. The defendant has been detained for four months as a result of the crime of this case and has the time of self-determination and reflects the crime of this case, the balance with the accomplice (the sentence of two years after the suspended sentence was sentenced to 8 months as a result of the crime of this case was finalized), the defendant's age, character and conduct, motive, means and consequence, and the circumstances after the crime of this case, etc. are considered as inappropriate.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence are 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. Articles 342 and 331(2) and (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 333 (1) of the Criminal Procedure Act for return;