All judgment of the court below shall be reversed.

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

As seized Switzerland LTE.

1. In light of the gist of the grounds for appeal, the fact that the defendant is against himself and the circumstances leading to the crime, etc., the punishment sentenced by the judgment of the court below (the first judgment: two years of imprisonment and the second judgment: imprisonment with prison labor: one year and six months) is too unreasonable.

2. Ex officio determination

A. When the confession of the defendant is an unfavorable evidence against the defendant, it shall not be admitted as evidence of guilt (Article 310 of the Criminal Procedure Act). Thus, in case where the defendant was convicted of facts charged on the sole basis of the confession of the defendant without any supporting evidence, it shall be deemed that there is an error of law affecting the conclusion

(see, e.g., Supreme Court Decision 2007Do7835, Nov. 29, 2007). However, the first instance court is a evidence that found the victim H guilty of special larceny, and only refers to the statement in the lower court’s trial.

The judgment of the court below that found the defendant guilty of special larceny against the victim H without any supporting evidence is erroneous in the misapprehension of the judgment which affected the conclusion of the judgment by making a judgment on the supporting evidence of the confession.

In this respect, the first judgment of the court of first instance is no longer maintained.

B. In addition, as the defendant filed an appeal against the judgment of the court below, each appeal case was reviewed concurrently in the court of the first instance, and as long as each criminal facts of the judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, it shall be judged at the same time and sentenced to a single sentence.

In this respect, the judgment of the court below is no longer maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) and (6) of the Criminal Procedure Act without a need to decide on the defendant's assertion of unfair sentencing, and it is again decided following the oral argument as follows.

Punishment of the crime

The facts constituting the crime recognized by this Court are divided into the first instance judgment, the third instance judgment, the second instance judgment, and the K.K.