The judgment of the court below is reversed.

As to the crime Nos. 1 and 2 of the judgment of the defendant, the crime No. 3 of the judgment shall be punished by imprisonment with prison labor for one year and two months.

1. The summary of the grounds for appeal (the imprisonment of 1 year and 2 months with prison labor for the crimes No. 1 and 3 in the judgment) of the court below is too unreasonable.

2. In the case of crimes Nos. 1 and 2 of the judgment, the fact that the crime was committed in the same or similar manner as the previous conviction for which the amount of damage was heavy and has already been punished is unfavorable to the defendant, but the defendant acknowledged his own crime and reflects it, the defendant does not want the punishment of the defendant by mutual consent with the victims in the trial, and the defendant must consider equality in the case of concurrent crimes between the previous offense and the latter part of Article 37 of the Criminal Act. In the case of crimes No. 3 of the judgment, the fact that the defendant recognized his own crime and reflects it is favorable to the defendant and other circumstances that are conditions for sentencing as shown in the records and arguments, such as age, character and behavior, environment, criminal records, background, motive and method of the crime of this case, damage amount, circumstances after the crime, etc., the punishment of the first instance is somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts and evidence against the defendant recognized by this court is identical to the corresponding column of the original judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Aggravation of repeated crimes under Article 35 and the proviso to Article 42 of the Criminal Act (the crime of Article 3 at the time of sale);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act (the first and second crimes in the market) to treat concurrent crimes;

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

1. The crimes of Articles 62(1) and 62(2) of the Criminal Act and the above circumstances favorable to the defendant are considered.