All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and eight months.

1,000,000 1,000 square meters.

1. The summary of the grounds for appeal (the first instance judgment: 2 years of imprisonment, the second instance judgment: imprisonment with prison labor for 8 months and the third instance judgment: imprisonment with prison labor for 1 year and 6 months) is too unreasonable.

2. The grounds for appeal by the defendant ex officio are examined ex officio prior to the judgment.

Since each crime of the judgment below joined by this court is one of the concurrent crimes under the former part of Article 37 of the Criminal Act and the sentence should be imposed in accordance with Article 38(1) of the Criminal Act, the judgment of the court below is no longer maintained in this respect.

3. Accordingly, 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, on the grounds of ex officio reversal as seen above, and it is again decided as follows.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by this court are identical to facts constituting a crime and summary of evidence, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 331 of the Criminal Act, and Article 257 (1) of the Criminal Act concerning the crime (the point of injury and the choice of imprisonment)

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of punishment by law: Two to fifty years of imprisonment;

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

A. First Crimes [Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes] [Determination of thief] [Judgment of thief] in the Act on the Aggravated Punishment, etc. of Specific Crimes and there are no joint habitual and repeated larceny [one] [Special thief] in the Act on the Aggravated Punishment, etc. of Specific Crimes [the scope of recommending area and recommending range], and one year