All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

1. The defendant asserts that the defendant's punishment (the first instance court: imprisonment of 1 year and 6 months, and the second instance court: imprisonment of 1 year and 1 year) declared by the lower court is too unreasonable, and the prosecutor argues that it is too unreasonable.

2. To consider ex officio prior to a judgment on the grounds for appeal against the market; and

The judgment of the court below in the first and second instances against the defendant was sentenced respectively, and both parties appealed to the appeal, and the court decided to consolidate the above two appeals cases.

The first and second judgments of the court below against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus a single sentence should be imposed pursuant to Article 38(1) of the Criminal Act, so the judgment of the court below cannot be maintained any more.

3. If so, the judgment of the court below on the grounds of ex officio reversal, without examining the two parties’ assertion of unfair sentencing, all of the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is again decided as follows through pleading.

【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court and summary of the facts constituting the crime and summary of evidence are as stated in each corresponding column of the judgment below. Thus, they are cited 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 Article 329 of the Criminal Act (the point of repeated theft; Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes) as to criminal facts, it is reasonable to view the special provisions under Article 35(2) of the Criminal Act in accordance with the proviso to Article 8 of the Criminal Act in light of the creation of a new phrase of aggravated punishment, the prevention of double evaluation, and the necessity of constitutional interpretation consistent with the Constitution. As such, Article 35(2) of the Criminal Act does not separate importance of repeated crime under Article 35(2) of the Criminal Act; Article

1. The court below's reasons for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders.