All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

The summary of the grounds for appeal (unfair punishment) of the lower court's punishment (two years of imprisonment with prison labor) is too unreasonable.

The defendant filed an appeal against the judgment of the court below, and the court decided to consolidate the above appeal cases.

Each of the judgments of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed within the scope of a limited term of punishment pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained as it is.

3. The lower judgment reversed all of the lower judgment pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, on the grounds of the foregoing ex officio reversal, and further decides as follows.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 330 and 342 of the Criminal Act concerning criminal facts, and Articles 5-4 (5)1 of the same Act

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders [w] is against the Defendant’s confession of the crime of this case.

Some victims agreed.

[Unjustifiable circumstances] Each of the crimes of this case committed committed by the defendant by intrusion upon another person's residence at night, and committed a theft or attempted theft, and the crime is very poor in light of the method of the crime, the relationship between the victims, etc.

The Defendant had been punished several times for the same crime, and committed each of the crimes of this case without being aware of even though he had been punished for repeated crimes.

A. The above circumstances are as follows.