We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for a term of one year and four months.

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant is too unreasonable (the first instance court of first instance: imprisonment with prison labor for one year and six months).

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

The Court held that each appeal case against the judgment of the court below was consolidated and tried, and each offense against the defendant at the time of the judgment of the court below is a concurrent offense under the former part of Article 37 of the Criminal Act, and thus, should be punished as a single sentence within the scope of aggravated punishment in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.

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, since there is a ground for reversal under the above authority, 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 each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the crime, Article 283(1) of the Criminal Act regarding the selection of punishment (the point of intimidation, the selection of imprisonment), Article 366 of the Criminal Act, Article 136(1) of the Criminal Act (the selection of imprisonment), Article 319(1) of the Criminal Act (the point of intrusion into a structure and intrusion into a house, the point of intrusion into a house), Article 329 of the Criminal Act, Article 329 of the Criminal Act, Articles 342, 329 of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 330 of the Criminal Act, Article 3422 and Article 330 of the Criminal Act, Article 342 and Article 330 of the Criminal Act, Article 330 of the Criminal Act, and Article 342 and Article 330 of the Criminal Act, and Article 134 of the Criminal Act, respectively, shall apply to attempted larceny of a building and larceny at night;

1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes.