A defendant shall be punished by imprisonment for one year.

A. Defendant 1 did not err in matters of fact. Defendant 1 did not steals a bicycle as stated in the facts charged of the first instance trial and a “self-help Ethypt Ethypt” as stated in the facts charged of the second instance trial. 2) The punishment sentenced by the second instance court of unfair sentencing (one year of imprisonment) is too unreasonable.

(b) The sentence sentenced by the first instance court of the Prosecutor (two years of suspended sentence in six months of imprisonment) is too unhued and unreasonable;

2. The first and second instances of the judgment on the Defendant’s assertion of mistake of facts recognized the fact that the Defendant stolen the bicycles recorded in the facts charged according to the evidence of each court below. If the judgment of each court below is compared with the records, it shall be deemed legitimate, and there is no error of mistake of facts.

3. Ex officio determination, the case of appeal against the judgment of the court of first instance was consolidated in the proceedings of the first instance, which is the case of appeal against the judgment of the court of first instance, and the case of this court of second instance 2014No1173, which is the case of appeal against the judgment of the court of second instance, in the proceedings of the first instance. Each crime of the judgment of the court below is in the relation of concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, a single punishment should be sentenced within the scope of aggravated crimes under Article 38(1) of the Criminal Act. Thus,

4. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant and the prosecutor's allegation of unfair sentencing, on the ground that the above reasons for reversal are based on ex officio grounds, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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. Relevant legal provisions concerning facts constituting an offense, Article 329 of the Criminal Act that choose a punishment, and Article 330 of the Criminal Act;

1. The Criminal Act among concurrent crimes.