A defendant shall be punished by imprisonment for two years.

A. In light of the fact that the prosecutor (as to the first judgment of the first instance court), several times the defendant had the same record as the defendant and again committed the crime of this case during the period of repeated crime, the sentence of sentence of sentence of the first judgment of the lower court (as to the fine of KRW 5,00,000) against the defendant is deemed unreasonable.

B. When considering the various circumstances against the defendant (as to the second judgment of the court below), the sentence of the second judgment of the court below (as to the second judgment of the court below), is too unreasonable.

2. Prior to the judgment on the assertion of unfair sentencing by the defendant and the prosecutor, the two appeals cases against the defendant were examined by the court of first instance, and the crime of larceny in the judgment of the court of first instance and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes among the crimes in the judgment of the court of second instance, which were deliberated upon in the trial of the court of second instance, should be punished on the grounds that the crime of larceny in the judgment of the court of second instance and the crime of larceny in the judgment of the court of second instance, which are a single crime

3. According to the conclusion, the court below's decisions are reversed ex officio without examining the grounds for appeal on unfair sentencing by the defendant and the prosecutor on the grounds of the above ex officio reversal, and the court below's decisions are reversed ex officio pursuant to Article 364 (2) and (6) of the Criminal Procedure Act, and the following decisions are

Criminal facts

The main decisions of the court below on the summary of evidence are as follows.

Application of Statutes

1. Relevant Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, and Article 366 of the Criminal Act (Appointment of limited imprisonment, inclusive)

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows.