All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Summary of Grounds for Appeal

A. Defendant 2’s imprisonment (two months of imprisonment) is too unreasonable.

B. The first instance court’s imprisonment (six months of imprisonment) is too unfluent and unfair.

2. As to the judgment of the court below of second instance, the defendant filed an appeal against the judgment of the court of first instance, and this court decided to hold two appeals together for a trial.

Since each of the judgment below's crimes is concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence should be imposed in accordance with Article 38 (1) of the Criminal Act, the judgment below cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendant and the prosecutor’s allegation of unfair sentencing, and the judgment below is reversed in its entirety, and it is again decided as follows through pleading.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime and summary of evidence recognized by the court, and the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article

Application of Statutes

1. Relevant Article 329 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment with prison labor;

1. From among concurrent crimes, the defendant, among the concurrent crimes, has the reason for sentencing of the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (as to the case of Article 2020 Godan798, Supreme Court Decision 200Dadan798, Supreme Court Decision 20200 Decided the case of larceny).

The value of stolen goods of the instant crime was small, and some of them were returned to the victim.

There is no criminal offense beyond the fine against the defendant.

The health conditions are not good, such as the defendant suffering from dementia.

However, while the defendant was on a know-how, he continued to enter several convenience stores, etc. for several months and stolen food and miscellaneousity.

The defendant is a flagrant offender in the police.