A defendant shall be punished by imprisonment for one year.

A. Each sentence of the lower judgment (one year of imprisonment with prison labor, and two months of imprisonment with prison labor) of the Defendant’s respective sentence (one year of imprisonment with prison labor, and two months of imprisonment with prison labor) is too unreasonable.

(b) the above-mentioned sentence declared by the second instance of the Prosecutor is too unhued and unjust;

2. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor, the judgment of the court below against the defendant was rendered separately, and the defendant filed an appeal against all of the above judgment of the court below against the second instance, and this court decided to hold concurrent hearings of each of the above appeal cases. Since each of the offenses of the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment shall be imposed in accordance with Article 38 (1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained.

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

[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 319 of the Criminal Act (a point of intrusion upon residence), Article 152 subparagraph 1, Article 43 of the Road Traffic Act, and the choice of imprisonment for each type of crime;

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

1. The following circumstances are favorable to the defendant for the reason of sentencing in the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act (an aggravated punishment as provided for in the most severe larceny).

The defendant shows his attitude against each of the crimes in this case, with the intention to see it properly.