The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the sentence imposed by the court below (one hundred months of imprisonment and two years of suspended execution) is too unreasonable.

2. The Defendant did not have any criminal power prior to the instant case, and was able to repent and reflect in depth the mistake.

In light of the circumstances shown in the proceedings, the family of the defendant's family members have led the defendant to the guidance of the defendant, and there are many social ties such as family relations.

The volume of the damaged mobile phone per se is not much, and the extent of the defendant's participation in the crime is not much severe, and the profits acquired are not many.

In addition, in full view of all the sentencing conditions shown in the records and arguments of this case, the sentence of the court below is too heavy.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the criminal facts and evidence of the defendant recognized by the court is identical to 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 362 (1) and 30 of the Criminal Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;