The judgment of the court of first instance and the judgment of the court of second instance are all reversed.

A defendant shall be punished by imprisonment for one year.

1. The main sentence of the lower court (the first instance judgment: imprisonment with prison labor for 6 months and the second instance court: imprisonment with prison labor for 1 year) is deemed to be too unreasonable;

2. Prior to the judgment on the grounds of appeal by the defendant's ex officio, the first and second court's judgment against the defendant were pronounced, and the defendant filed an appeal against them, and this court decided to hold concurrent hearings of the above two appeals cases. The first and second court's decision against the defendant was decided to hold concurrent hearings. Since each crime of the first and second court's decision against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence should be imposed pursuant to Article 38 (1) of the Criminal Act, and thus, the first and second court's decision cannot be maintained.

3. In conclusion, the judgment of the court below Nos. 1 and 2 is reversed ex officio as seen earlier, and the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged by the defendant, recognized by the court, and the summary of the evidence, are as shown in each corresponding column of the first and second original judgment, except for the deletion of the “written statement by the police against the defendant,” and the “written statement by the police against the defendant,” as stated in the corresponding column of the second and second original judgment. As such, this is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 342, 330 (the attempted larceny of a building at night), 329 (the intention of Section 329) of the Criminal Act, Article 88(1)1 of the Military Service Act (the violation of the Military Service Act), Article 331(2) and 331(1) of the Criminal Act (the charge of special larceny), Articles 342, 331(2), and 331(1) of the Criminal Act concerning criminal facts, and Articles 342, 331(2), and 331(1) of the Criminal Act (the charge of special larceny) of the Criminal Act;

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are as follows.