All of the judgment of the court below, excluding the application for compensation order and the return of seized articles, shall be the remainder.

1. The summary of the grounds for appeal asserts that the punishment of the court below Nos. 2 and 3 (the second instance court: the fine of KRW 1 million, the third instance court: the imprisonment of KRW 1 million) was too unreasonable, while the prosecutor appealeds against the following grounds: (a) the punishment of the court below (the first instance court: imprisonment of KRW 1,2, and the suspension of execution, three years, observation of protection, community service, 120 hours, and the replacement) was too unfasible and unfair.

2. Prior to the judgment on the grounds for ex officio appeal, this Court decided to hold a joint hearing of the appeal cases against the judgment below. Each of the judgment below against the defendant is in concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed within the term of punishment, which increased concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained any more.

3. As such, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the above ex officio grounds for reversal of sentencing, and the judgment below is reversed, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 331 (1) of the Criminal Act (the point of special larceny), Articles 342 and 331 (1) of the Criminal Act (the point of attempted special larceny), Article 330 of the Criminal Act (the point of attempted larceny) of the Criminal Act, Articles 342 and 330 of the Criminal Act (the point of attempted larceny by intrusion upon residence and structure at night) of each Criminal Act, Article 329 of the Criminal Act (the point of attempted larceny by intrusion upon residence and structure at night), Article 329 of each Criminal Act, Article 342, Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act (the point of attempted larceny, the selection of imprisonment), Article 319 (1) (the selection of imprisonment and punishment) of the Criminal Act, Article 319 of the Criminal Act (the selection of imprisonment) of the Criminal Act;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Aggravated Punishment and Punishment) of the Criminal Act for the aggravation of concurrent crimes.