Of the judgment of the court of first instance, the part of conviction against the defendant and the judgment of the court of second instance shall be reversed.

The defendant shall be sentenced to one year of imprisonment.

1. Summary of grounds for appeal;

A. The prosecutor (as to the conviction in the judgment of the court of first instance) sentenced by the court below (as to one year of imprisonment, two years of suspended sentence) is too unhued and unfair.

B. The punishment (one year and four months of imprisonment) sentenced by the court below (the court below's second judgment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal ex officio, and the prosecutor tried to concurrently examine each appeal case in the first instance court as the defendant filed an appeal against the second instance judgment as to the guilty part of the judgment of the court below. As long as each of the facts stated in the judgment of the court below is in a concurrent relationship under the former part of Article 37 of the Criminal Act, the judgment of the court below should be rendered concurrently and a single sentence should be imposed. In this regard, the guilty part of the judgment of the court of first instance and the second judgment cannot be maintained further.

3. In conclusion, the part of the judgment of the court of first instance which convicted the defendant and the judgment of the court of second instance are reversed ex officio as above. Thus, without examining the prosecutor's and the defendant's unjustifiable assertion of sentencing, the part of the judgment of the court of first instance which convicted the defendant and the judgment of the court of second instance among the judgment of the court of first instance under Article 364 (2) of the Criminal Procedure Act are reversed and the judgment below

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are all the same as the stated in each corresponding column of the judgment below. Thus, all of them are accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 331(2) and 331(1) of the Criminal Act (joint larceny) regarding criminal facts, Articles 342, 331(1), and 330 of the Criminal Act (a) of each of the Criminal Act, Article 347(1) of each of the Criminal Act (a crime of larceny by intrusion upon residence after night destruction), Article 347(1) of the Criminal Act (a) of each of the Criminal Act, Article 347-2 of each of the Criminal Act, and Article 347-2 of each of the Criminal Act regarding the selection of punishment.