A defendant shall be punished by imprisonment for not more than ten months.

A. The punishment (in the first instance court: imprisonment with prison labor for 10 months and the second instance court: imprisonment with prison labor for 2 months) imposed by each Defendant’s respective judgment is too unreasonable.

(b)the sentence sentenced by the second instance of the Prosecutor is too unhued and unreasonable;

2. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor ex officio, this Court tried by combining the appeals cases against each judgment of the court below, and each of the offenses at the time of original adjudication is concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment shall be imposed within the term of punishment, which increased concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, each judgment of the court below is no longer maintained.

3. Accordingly, the court below's decision is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's assertion of unfair sentencing, on the ground that there is a ground for ex officio reversal as above. The court below's decision is delivered as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of each judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning facts constituting an offense and Article 330 of the Criminal Act, Articles 342 and 330 of the Criminal Act, Articles 331(2) and 331(1) of the Criminal Act, Article 319(1) of the Criminal Act, Article 329 of the Criminal Act, Articles 329 of the Criminal Act, each of the choice of punishment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall apply mutatis mutandis;

1. Each of the crimes of this case on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing) is a larceny by intrusion upon a restaurant without any time at night by the defendant, and the nature of the crime is good.