A defendant shall be punished by imprisonment for two years.

A. The sentence of the lower court (the first instance judgment: imprisonment with prison labor for two years, and fine for two million won for the second instance judgment) is too unreasonable.

B. The lower court’s sentence No. 2 of the Prosecutor is too unhued and unreasonable.

2. We examine ex officio the grounds for appeal by the defendant and prosecutor prior to the judgment.

The defendant filed an appeal against the judgment of the court below against the judgment of the court below in regard to the second instance, and the two appeals cases were tried jointly by this court. Since each of the offenses committed by the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below should be sentenced to one punishment in accordance with Article 38 (1) 2 of the Criminal Act, and the judgment of the court below

3. The judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the above ex officio grounds for reversal of the judgment of the court below. The judgment below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 331(1) (special larceny) of the Criminal Act, Articles 342 and 331(1) (special larceny) of the Criminal Act, Article 330 of the Criminal Act, Articles 342 and 330 of the Criminal Act, Articles 342 and 330 of the Criminal Act (the attempted larceny of intrusion on night structures) of each Criminal Act, Article 329 of the Criminal Act, Article 329 of each Criminal Act, Articles 342 and 329 of the Criminal Act, Articles 329 of each Criminal Act, Articles 32 and 329 of the Criminal Act (the attempted larceny), Articles 319(1) (the choice of imprisonment, the point of intrusion upon a structure), and Article 366 of each Criminal Act;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of punishment recommended on the sentencing criteria;