The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the sentence imposed by the defendant (4 months of imprisonment) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant for an ex officio judgment.

The lower court sentenced the Defendant for four months by applying Articles 342, 331(2), and 331(1) of the Criminal Act to the attempts to commit special larceny as indicated in its holding, with respect to the crime of larceny, and the attempts to commit special larceny as indicated in its holding, and aggravated punishment. Since the lower limit of each statutory punishment for each of the special larceny and attempted to commit special larceny as indicated in its holding is one year of imprisonment, even if a certain amount of punishment is mitigated after the aggravated punishment, the scope of the punishment shall be punished by imprisonment for not less than six months.

The judgment of the court below is erroneous in the misapprehension of law that affected the conclusion of the judgment by imposing a sentence beyond the scope of the punishment imposed on the defendant with excessive punishment.

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

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 331(2) and 331(1) (special larceny) of the Criminal Act concerning facts constituting an offense, Articles 342, 331(2) and 331(1) of the Criminal Act (the point of attempted special larceny);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Four months of imprisonment with prison labor to be sentenced (the confession and reflectivity of the defendant, the fact that the damage has not been recovered, the degree and background of the defendant's participation, the age of the defendant, sexual conduct, environment, motive of the crime, circumstances after the crime, etc. are considered, but only the defendant appealed.