The judgment of the first instance shall be reversed.

The punishment of the accused shall be determined by a year of imprisonment.

1. The summary of the grounds of appeal is unreasonable. 2. Although the judgment of this court has a history of having been punished several times against the defendant for a crime similar to this case, the defendant committed the crime of this case again during the period of repeated crime, etc. However, even though there are conditions of sentencing unfavorable to the defendant, it is inappropriate to view that the sentence of one year and six months sentenced by the court of first instance is somewhat unreasonable, comprehensively taking into account the following factors: (a) the conditions of sentencing favorable to the defendant, including the confession of the crime of this case and the fact that the defendant is suffering from brain salvaging, and the health of the defendant is not very good enough to cope with the current life; and (b) other various other conditions of sentencing as shown in the argument of this case, such as age, character and behavior, home form, motive and circumstance of the crime, and conditions before and after the crime, etc.

3. According to the conclusion, the appeal by the defendant is justifiable, the judgment of the first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is again rendered following the pleadings.

The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 78(1) and 49(2) of the Railroad Safety Act, as well as the relevant laws on criminal facts, and the choice of punishment (elective of imprisonment). 1. Article 35 of the Criminal Act aggravated for repeated crimes