A defendant shall be punished by imprisonment for a maximum term of three years and a short term of two years.

The seized mobile phone(B).

A. The punishment of the lower court (the first instance court: imprisonment with prison labor for a maximum term of two years and six months, a short term of one year and six months, and a second instance court: a maximum of ten months and a short term of six months) is too unreasonable.

B. Each prosecutor’s each sentence of the lower court is too unhued and unreasonable.

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

This Court decided to consolidate each appeal case against the judgment below and decided to hold the judgment below together, and each of the offenses against the judgment below is concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of a limited term of punishment pursuant to Article 38(1) of the Criminal Act. Therefore, all of the judgment below should be reversed.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining the grounds for ex officio reversal and the prosecutor’s allegation of unfair sentencing.

[Discied reasoning] The summary of facts constituting an offense and evidence recognized by the court is identical to each corresponding part of the judgment of the court of first and second instance, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 319(1) of the Criminal Act, Article 319(1) of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for larceny against a victim AU, the most severe punishment and concurrent crimes);

1. Articles 2 and 60 (1) of the Juvenile Act, which are illegal;

1. The crime of this case for the reason of sentencing under Article 48(1)1 of the Criminal Act refers to the case where the defendant took part in the collection and delivery of the victim's residence three times, and intrudes into the victim's residence and subway stations over 11 times.