We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for four years.

1. Summary of grounds for appeal;

A. The punishment (three years of imprisonment) and that of the second instance court (one year of imprisonment) by the Defendant (as to the judgment of the first and second instance) are too unreasonable.

B. The second sentence of the court below (as to the judgment of the court below of the second instance) is too unfilled and unfair.

2. The judgment of the court of first instance and the judgment of the court of second instance on the defendant's ex officio determination were pronounced, and the defendant and the prosecutor appealed respectively, and the court decided to hold two cases together.

However, since each crime of the first and second judgment is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, a sentence should be imposed pursuant to Article 38(1) of the Criminal Act, the judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for ex officio reversal of the judgment of the court below on the grounds of an unreasonable sentencing by the defendant and the prosecutor, and it is again decided as follows.

【Grounds for the judgment of multiple times】 The criminal facts and the summary of the evidence admitted by the court below in this court and the summary of the evidence are as follows: “Defendant is sentenced to imprisonment with prison labor for larceny, etc. on July 7, 2015 with prison labor for two years and six months from the former District Court’s branch of the Seoul District Court and the Daejeon District Court on April 6, 2017; on May 2, 2017, he/she was sentenced to six months from his/her imprisonment with prison labor for attempted larceny, etc. on May 25, 2018; and on May 25, 2018, he/she completed the execution of his/her punishment in the Yangyang Detention House except for the portion “K” in the third 16th sentence of the judgment of the court below as “U” as stated in the corresponding column of Articles 1 and 2. Thus, this shall be cited 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 329 and 342 of the Criminal Act concerning criminal facts, as well as the choice of punishment, are larceny and theft.