A defendant shall be punished by imprisonment for one year.

A. The first instance judgment (as to the first instance judgment), the penalty (as to a fine of five million won) of the first instance judgment is too unhued and unreasonable.

B. The punishment of each judgment of the court below (No. 2: imprisonment with prison labor for one year) is too unreasonable.

2. This Court made ex officio judgments as an appeal against each judgment of the court below and tried both cases jointly. Each of the offenses in the judgment of the court below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and thus, in accordance with Article 38(1) of the Criminal Act, a single sentence shall be imposed within the scope of a punishment aggravated for concurrent offenses pursuant to Article 38(1) of the Criminal Act. Thus, each of

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized 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 3 (1), the proviso of Article 3 (2) and Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 329 of each Criminal Act, Articles 342 and 329 of each Criminal Act, Articles 151 (1) and 31 (1) of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Each choice of imprisonment without prison labor for a crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in which a person is sentenced to punishment, each of larceny, each of larceny, and each of them shall be punished by imprisonment;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of punishment by law: Imprisonment with labor for one month to nine years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 (thief);