We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for not less than three years and six months.

Seized evidence 2, 4, and 6 shall be confiscated.

1. Summary of grounds for appeal;

A. Defendant 1) Of the facts constituting the crime of mistake of facts in the first instance judgment of mistake of facts, as to the special larceny against victim D, computer purchased in a middle and high height, and the age of fishing and tools was merely owned by the Defendant, and did not stolen property by intrusion on the office of the victim D. Of the facts constituting the first instance judgment, the Defendant was in custody of the goods in order to return to the victim F, and there was no intrusion on his residence or theft of the goods. 2) The sentence of each of the lower judgment of unfair sentencing (the first instance court: the imprisonment of three years and the second instance: the imprisonment of eight months) is too unreasonable.

B. As to the second judgment of the prosecutor, the sentence of the court below is too unhued and unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal above ex officio, the first and second court sentenced the defendant to the above punishment after having undergone a separate examination against the defendant respectively, and the defendant was sentenced to the above punishment. The defendant filed an appeal against the second and second court judgment, and the court of the first and second court decided to consolidate the above appeal cases. Each of the crimes of the court below against the defendant was related to concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of punishment aggravated for concurrent crimes under Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be exempted from all reversal.

However, although the judgment of the court below has the above reasons for ex officio destruction, the defendant's assertion of mistake of facts against the judgment of the court below is still subject to the judgment of this court.

B. Although the Defendant asserted the same purport in the first instance trial as to the Defendant’s assertion of mistake of facts, the first instance court considered the evidence duly adopted and examined, and thereby, this part of the facts charged against the Defendant.