The judgment of the court below is reversed.

The punishment of the accused shall be determined by ten months of imprisonment.

Summary of Grounds for Appeal

The punishment of the court below (10 months of imprisonment) is too unreasonable.

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

In the event that a person habitually commits multiple crimes repeatedly, it is not to regard each crime as a separate crime and be punished as a single crime covering all of them, but to be punished as a single crime for a habitual offender in line with the nature of the habitual offender or the legislative intent of the provisions on the aggravated punishment.

(See Supreme Court en banc Decision 2001Do3206 Decided September 16, 2004, etc.). The fact that each of the crimes of this case was committed by a criminal defendant with a view to causing a theft, is as recognized by the court below, and the criminal defendant committed an attempted larceny or theft of another person's property as stated in the facts charged habitually. The act of the criminal defendant committed an attempted theft, including the remaining acts of habitual larceny, of which statutory penalty is the most severe, shall be established only for a single crime.

(see, e.g., Supreme Court Decision 75Do1184, May 27, 1975). Nevertheless, the lower court divided the Defendant’s each theft act into types of the Defendant’s each theft act and committed an illegal act recognized as a crime of habitual larceny and attempted larceny, and such unlawful act affected the judgment. In this regard, the lower court was no longer maintained.

Therefore, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the judgment below is again decided as follows after oral argument.

The gist of facts constituting an offense and evidence acknowledged by the court is as follows: (a) the facts constituting an offense in the judgment of the court below, except where “a person habitually steals another’s property or habitually steals another’s property” among the facts constituting an offense in the judgment of the court below; and (b) the facts constituting an offense in the judgment of the court below are the same as indicated in each corresponding column