We reverse the judgment of the court below.

The punishment of the accused shall be determined by a year of imprisonment.

Summary of Grounds for Appeal

A. The sentence of the original judgment of Defendant 1 (10 months of imprisonment) is too unreasonable.

B. The Prosecutor’s second original judgment (one year of imprisonment and two years of grace period) is deemed to be too unhued and unfair.

We examine ex officio the grounds for appeal by the defendant before determining ex officio.

This Court held two appeals cases against the defendant jointly and tried by the two original judgments, and since the crime in the decision of each original court is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment shall be sentenced in accordance with Article 38(1) of the Criminal Act, the original judgment cannot be maintained any more.

In addition, the prosecutor changed the name of the defendant against the facts charged in the second judgment (Seoul District Court 2014Da3254) from "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes to "Habitual Night Building Larceny", and changed the provisions of Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 330 and 329 of the Criminal Act to "Article 332, 330, and 329 of the Criminal Act". The prosecutor applied for amendments to the indictment of the second judgment (Seoul District Court 2014Da3254). Since the court permitted it, the second judgment is no longer maintained.

Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the argument of unfair sentencing by the defendant and the prosecutor, and it is again decided as follows after oral argument.

The summary of facts constituting a crime and evidence recognized by this court is to be changed as shown in the annexed Form 1 among the facts constituting a crime in the judgment of the second court, and the summary of the evidence is to be changed as shown in the annexed Form 1.2S, BT, BU, BV, BW, BY, BY, Z, CA, CB,CC, CD, CD, CE, and CG's respective statements in the summary column of the evidence of the second judgment.