A defendant shall be punished by imprisonment for not less than two years and six months.

excessive one percent (No. 5) that has been seized.

A. The first sentence of the lower court (three years of imprisonment, four years of suspended execution) is deemed to be too unhued and unfair.

B. Defendant 2’s punishment (6 months of imprisonment) is too unreasonable.

2. The judgment of the court of first instance and the judgment of the court of first instance rendered on the defendant's ex officio judgment, and the prosecutor filed an appeal against the judgment of the court of first instance against the judgment of the court of second instance, and the court of second instance decided to concurrently examine the above two appeals cases. Each of the offenses against the defendant is in the concurrent relationship with the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38 (1) of the Criminal Act. Thus, the judgment of the court of first instance cannot be maintained as

3. In conclusion, the judgment of the court below is reversed in entirety pursuant to Article 364(2) of the Criminal Procedure Act without examining all the arguments of the prosecutor's improper sentencing and the defendant's improper argument of sentencing against the judgment of the court of first instance regarding the judgment of the court of second instance, and the judgment below is reversed, and it is again decided as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 334(2), 334(1), and 333 of the Criminal Act (special robbery, choice of imprisonment with prison labor), Article 319(1) of the Criminal Act (the point of intrusion upon residence, choice of imprisonment with prison labor), Article 330 of the Criminal Act (the point of larceny by intrusion by night room, and choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the said Act (an aggravated punishment for concurrent crimes with the punishment specified for the offense of the largest special robbery);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act is as follows.