All judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor of one year and eight months, Defendant B's imprisonment with prison labor of one year and eight months, and fine.

1. The summary of the grounds for appeal - The first sentence of the lower court (one year and six months of imprisonment for each of the defendants) and the second sentence of the lower court (the Defendant A: imprisonment for eight months, six months, and fine for 3,00,000 won) are too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendants ex officio, the first and second court sentenced the Defendants to the imprisonment of one year and six months, respectively, and the second court sentenced the Defendants A to the imprisonment of eight months, six months, and thirty thousand won, respectively. The Defendants filed an appeal against the first and second court's judgment against the Defendants, and the second court decided to jointly deliberate each of the above appeals cases.

However, each crime of the first and second judgment against the Defendants is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of punishment subject to aggravated punishment pursuant to Article 38(1) of the Criminal Act. As such, the first and second judgment of the court below cannot be maintained any more.

3. Accordingly, the judgment of the court below 1 and 2 on the ground that there is a ground for ex officio reversal as seen above, without examining the defendants' respective arguments on unfair sentencing, are reversed under Article 364 (2) of the Criminal Procedure Act, and they are again decided as follows.

Criminal facts

The summary of the facts charged and the evidence against the Defendants recognized by this court is identical to the entries in the corresponding column of the first and second judgment, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 33 and 30 of the Criminal Act, Articles 342 and 331(2) and (1) of the Criminal Act (a) (a point of attempted special larceny)

B. Defendant B: Articles 33 and 30 (Robbery) of the Criminal Act, Articles 342, 331(2), and 331(1) of the Criminal Act.