A. The judgment of the court below against the defendant (as to the judgment of the court of first instance: imprisonment with prison labor for a maximum of 10 months, for a short of 10 months, for a short of 2 months, for a second time: imprisonment with prison labor for a maximum of 4 months, for a short of 6 months, for a short of 3 months: a short of 10 months: a short of 10 months) is too unreasonable.

B. The Prosecutor (the judgment of the court below of the third instance)’s punishment against the Defendant is too unhued and unreasonable.

2. Before making ex officio judgment on the grounds for each appeal by the Defendant and the prosecutor, the first instance court decided to hold a joint hearing of each appeal case by examining each appeal case by the lower court against the Defendant. Each of the offenses in the judgment of the lower court are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, a single sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, all of the lower judgment cannot be maintained.

3. As such, the remaining parts of the judgment of the court below No. 1, excluding the dismissed portion of the application for compensation order, and the judgment of the court below No. 2 and No. 3, are reversed ex officio. Thus, without examining the aforementioned grounds for rejection of the application for compensation order, the remaining parts of the judgment of the court below No. 1, excluding the dismissed portion of the application for compensation order among the judgment of the court below pursuant to Article 364(2) of the Criminal Procedure Act,

Criminal facts

The summary of the facts charged and the summary of the evidence admitted 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. Article 329 of the Criminal Act, Article 152 Subparag. 1 and Article 43 of the Road Traffic Act, Article 331(2) and Article 331(1) of the Criminal Act, Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148, and Article 54(1) of the Road Traffic Act (the act of escape after causing bodily injury) concerning the crime (the act of larceny).