All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

1. The summary of the grounds for appeal (in the first instance court: imprisonment with prison labor for a maximum of one year and six months, a short of one year and two years: imprisonment with prison labor for a maximum of four months, and a short of two months) of each lower court is deemed improper.

2. Ex officio determination

A. The judgment of the court of first instance and the judgment of the court of second instance against the defendant in consolidated proceedings were rendered, and the defendant filed an appeal against them, respectively, and the court decided to hold the above two appeals together for a trial.

However, since each crime of the judgment below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, one punishment should be sentenced in accordance with Article 38(1) of the Criminal Act, the judgment of the court below cannot be maintained as it is.

B. In addition, the defendant was a CA student and was a juvenile under Article 2 of the Juvenile Act at the time when the judgment of the court below was rendered, but became an adult as of the date of the ruling of the court below.

Therefore, the judgment of the court below that sentenced the defendant to be sentenced to an irregular punishment became unable to be maintained in this respect.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence, and thus, the gist of the evidence is identical to each corresponding column of the judgment below. Thus, they are cited in accordance with Article 3

Application of Statutes

1. Relevant provisions of the Criminal Act concerning facts constituting an offense and Articles 330 (the points of larceny at night, the choice of imprisonment), 342, 330 (the points of attempted larceny at night, the choice of imprisonment), 319 (1) (the points of intrusion upon a structure at night, the choice of imprisonment), Article 329 (the points of larceny, the choice of imprisonment), Article 360 (1) of the Criminal Act concerning the selection of penalties, and the embezzlement of stolen articles under Article 360 (1) of the Criminal Act.