The judgment of the court below is reversed.

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

Nos. 2 through 5 of seized evidence.

1. The decision of the court below on the summary of the grounds for appeal (a prison term of eight months, confiscation) is too unreasonable.

2. Before determining the grounds for appeal ex officio, each special larceny as indicated in the judgment of the court below is a crime falling under Article 331(2) and (1) of the Criminal Act, and the statutory penalty is one to ten years. Thus, in order to determine a sentence of less than one year against the defendant after choosing imprisonment for each larceny as indicated in the judgment of the court below, a punishment of less than one year should have been mitigated pursuant to Article 53 and Article 55(1)3 of the Criminal Act.

In this regard, the judgment of the court below, without reducing the amount of punishment, sentenced the defendant for a period of eight months, which is lower than the minimum statutory penalty, is erroneous.

Therefore, the judgment of the court below is erroneous in the misunderstanding of legal principles, which affected the conclusion of the judgment, and thus no longer can be maintained.

3. Thus, the judgment of the court below is reversed ex officio pursuant to Articles 364(2) and 364(6) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted 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) concerning facts constituting an offense, and Article 329 of the Criminal Act (a point of intention and a choice of imprisonment with prison labor);

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment and punishment for concurrent crimes prescribed by special larceny on September 4, 2015, the most severe punishment and punishment for concurrent crimes);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Confiscation Article 48 of the Criminal Act.