A defendant shall be punished by imprisonment for not less than three years and six months.

Each sentence sentenced by the original court against the defendant (the original judgment of the first instance: Imprisonment with prison labor of three years and six months, and imprisonment of two months) is too unreasonable.

We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

The defendant appealed against the judgment of the court of first and second instances and filed an appeal, and this court decided to hold a joint trial with each of the above appeals cases. Each of the offenses in the judgment of the court below against the defendant is concurrent offenses under the former part of Article 37 of the Criminal Act, and a single punishment shall be sentenced within the scope of the term of punishment aggravated for concurrent offenses under Article 38(1) of the Criminal Act.

In this respect, the judgment of the court below against the defendant can no longer be maintained.

In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows after oral argument.

【The grounds for the new judgment of the court for retrial】 The criminal facts against the defendant recognized by the court for the criminal facts and summary of the evidence and the summary of the evidence are as stated in each corresponding column of the judgment of the court below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 337 of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, Articles 342 and 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act (the point of attempted larceny and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishments of the crimes of robbery and bodily injury with the largest punishment) among concurrent crimes;

1. The Defendant, with reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, commits each of the instant crimes.