All judgment of the court below shall be reversed.

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

1. The gist of the grounds for appeal is that each of the original judgments (the 8 months of imprisonment with prison labor and the 2 months of imprisonment with prison labor) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

According to the consolidation of each case of the judgment of the court below against which the defendant appealed, the crime of the first instance judgment against the defendant and the crime of the second instance judgment against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and in such a case, one punishment shall be sentenced at the same time in accordance with Article 38 of the Criminal Act.

Therefore, the judgment of the court below is no longer maintained.

3. In conclusion, the judgment of the court below is reversed in its entirety pursuant to Article 364 (2) of the Criminal Procedure Act, without omitting the determination of the defendant's unfair assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the relevant column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 330 of the Criminal Act (the point of larceny of intrusion into night buildings), Article 347(1) of the Criminal Act (the point of fraud, the choice of imprisonment), Article 70(1)3 (the point of using stolen credit cards, the choice of imprisonment), Article 329 (a) of the Criminal Act, and Article 329 (the choice of imprisonment, etc.) of the Criminal Act;

1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 (aggravating concurrent crimes in the case of intrusion theft of a structure at night with the largest nature of the crime) of the Act on the Aggravated Punishment of Concurrent Crimes was that the defendant submitted the victim J's cell phone case, credit card, driving license, and the victim's cell phone, etc. to return to the victims at will, and the victims do not want the defendant's punishment.

The defendant is against the victim M&M in the time of the trial.