All judgment of the court below shall be reversed.

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

1. Summary of grounds for appeal;

A. The punishment of the lower court (the first instance court: the fine of KRW 10 million; the second instance court; the imprisonment of KRW 6 months) is too unreasonable.

B. The lower court’s each prosecutor’s sentence is too uneasible and unreasonable.

2. We examine ex officio the judgment of the defendant and prosecutor on each of the improper arguments in sentencing.

The judgment of the court of first instance and the judgment of the court of second instance filed an appeal against the defendant and the prosecutor respectively, and this court decided to hold concurrent hearings of the above two appeals cases. Each of the above judgment of the court below against the defendant should be sentenced to one punishment pursuant to Article 38(1) of the Criminal Act in relation to concurrent offenses under the former part of Article 37 of the Criminal Act, and thus, each of the above judgment of the court below cannot be maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the unfair argument of sentencing by the defendant and the prosecutor, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the corresponding column of the first and second judgment, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and the Articles of 329 (Influence, Selection of Imprisonment), 342, 330 (influences on night structures) of the Criminal Act, Article 330 (Influences on night structures) of the Criminal Act, Articles 342 and 329 (influences on night structures) of the Criminal Act, and Articles 342 and 329 (influences on attempted larcenys, and Selection of Imprisonment) of the Criminal Act;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason 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 is as follows: 5 of the thief, 1 of the thief, 1 of the thief, 1 of the thief, and 1 of the thief.