We reverse the judgment of the court below.

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

1. The summary of the grounds for appeal of the first instance court’s punishment (two years of imprisonment) and second instance court’s punishment (two years of imprisonment) are too unreasonable.

2. The judgment of the court of first instance and the judgment of the court of second instance on the defendant's ex officio determination were pronounced, and the defendant appealed respectively, and the court of second instance decided to jointly deliberate on the two cases.

However, since each crime of the first and second judgment is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, a sentence should be imposed pursuant to Article 38(1) of the Criminal Act, the judgment of the court below cannot be maintained as it is.

3. The lower court’s conclusion is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendant’s respective arguments on unfair sentencing, on the grounds of ex officio reversal, and the lower judgment is reversed, and further decided as follows.

【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts and the summary of the evidence recognized by the court and the summary of the evidence are the same as the corresponding column of each judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Article 329 of the Criminal Act applicable to the crime, Article 329 of the choice of punishment, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329 and 35 of the Criminal Act, Article 319 (1) of the Criminal Act, Article 319 (1) of the Criminal Act, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 330 and 35 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act,

1. Article 35 of the Criminal Act among repeated crimes (Crime of Theft, Intrusion into structure, and Occupational Embezzlement)

1. From among concurrent crimes, even if a person was sentenced to imprisonment not less than three times with prison labor for the reason of sentencing, Article 37 (1) 2 and Article 50 of the Criminal Act among concurrent crimes, the crime was repeated during the period of repeated crimes, and some of the crimes committed during the trial of the lower court.