The first original judgment shall be reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. Each sentence sentenced by the original judgment (No. 2,00,000 won, 2: imprisonment with prison labor for 10 months) of the summary of the grounds for appeal is too unreasonable.

2. Before determining the grounds for appeal by the Defendant ex officio, the Defendant was sentenced to imprisonment with prison labor for larceny for six months at the Seoul Eastern District Court on September 19, 2012, and the judgment became final and conclusive on February 9, 2013. The offense of the first instance judgment against the Defendant is in the relation of concurrent crimes with the above offense for which the judgment became final and the latter part of Article 37 of the Criminal Act, and the punishment is determined after examining whether to reduce or exempt the punishment in consideration of equity with the case where the judgment is to be rendered simultaneously pursuant to Article 39(1) of the Criminal Act. Thus, the first instance judgment cannot be maintained further.

3. The judgment on the Defendant’s assertion of unfair sentencing (Article 2 of the judgment of the court below) is deemed to have taken account of the following factors: (a) although the Defendant was aware that he was at the time of and against the instant crime, the Defendant stolen the goods in the scheme by intrusioning on his residence; (b) the nature of the relevant crime is inferior in light of the content of the crime and the method of the commission of the crime; (c) the Defendant did not recover from damage; and (d) the Defendant has several records of punishment on the same kind of crime; and (d) the Defendant’s age, character and conduct, background and consequence leading to the instant crime; and (e) the circumstances before and after the instant crime and various sentencing

4. Accordingly, the first judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's allegation of unfair sentencing, and it is so decided as follows. Since the defendant's appeal against the second judgment of the court below is without merit, it is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so ordered.