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

The defendant shall be punished by imprisonment for a maximum term.

1. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for a maximum of 1 year and 2 months, the short of 10 months, and the second instance judgment: imprisonment with prison labor for a maximum of 8 months and the short of 6 months) is too unreasonable.

2. Upon ex officio determination, the court below rendered a separate examination of the defendant as follows: ① the defendant was sentenced to the first, second, second, second, to the defendant on May 10, 2012: ① the defendant was sentenced to the first, second, second, second, the second, second, the second, the second, the second, the second, second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second and second, the second, of the judgment of the court below should be reversed in that the defendant was not exempted from all of the judgment of the court below on the ground that he was sentenced to a single sentence within the scope of aggravated punishment under Article 38(1) of the Criminal Act, since he was related to a concurrent crime under the former part of Article 37 of the Criminal Act.

3. Accordingly, the judgment of the court below is reversed in the judgment of the court of first instance under Article 364 (2) of the Criminal Procedure Act and the judgment of the court of second instance, without examining the defendant's allegation of unfair sentencing, on the grounds that the judgment of the court of first instance is based on the above reasons for reversal. The judgment below is

Criminal facts

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

Application of Statutes

1. Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 329 of the Criminal Act (as to habitual larceny, inclusive) and Article 329 of the Criminal Act, the theft of Article 329 of the Criminal Act.