All judgment of the court below shall be reversed.

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

1. The decision of the court below on the gist of the reasons for appeal (eight months of imprisonment and three months of imprisonment) is too unreasonable.

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 rendered, and the defendant filed each appeal, and this court decided to consolidate the two appeals cases.

However, the judgment of the court of first instance and the judgment of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court of second instance cannot be maintained as it is.

3. If so, the judgment of the court below is reversed ex officio as above, and without examining the defendant's unfair argument about sentencing, the judgment below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the corresponding column of each judgment below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 319(1) of the Criminal Act (Influence of buildings), Article 329 of the Criminal Act (influence of buildings), Articles 342 and 329 of the Criminal Act (influence of larceny), Article 330 of the Criminal Act (influence of buildings at night), and Article 330 of the Criminal Act (influence of larceny), and Article 319 of the Criminal Act (influence of buildings at night), the selection of a person to be sentenced to imprisonment with prison labor for each crime of intrusion into buildings,

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes may have the same criminal history against the defendant on the grounds of sentencing; the defendant committed a larceny again in the absence of imprisonment after being released from prison due to habitual larceny; the defendant committed a larceny again in the absence of imprisonment and a half of a month after being released from prison; due to the arrest and investigation, 20 days have not passed again after being arrested; and the thief committed a larceny over four occasions, even though the amount of damage is not significant, the number, period, and method of the crime by the defendant.