The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. The judgment of the court below ex officio sentenced the defendant for ten months of imprisonment, but the statutory penalty for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes was "a imprisonment for a term of at least one year or a fine of at least 5 million, but not exceeding 30 million won" pursuant to Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act, and the statutory penalty for larceny was "a imprisonment for a term of at least six years or a fine of at least 10 million won" pursuant to Article 329 of the Criminal Act, and where the defendant selects each of his imprisonment with prison labor and the sentence was imposed for a concurrent crime within the scope of more severe punishment than 1 year but less than 36 years in order to sentence the defendant without any legal grounds for mitigation, the court below should have sentenced the above imprisonment with prison labor (10 months) without omission thereof, and thus, it cannot be maintained in this regard.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's ex officio grounds for reversal of unfair sentencing, and the judgment below is reversed and it is so decided as follows.

Criminal facts

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

Application of Statutes

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 268 of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;