Of the judgment of the court of first instance, the guilty portion and the judgment of the court of second instance shall be reversed, respectively.

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

The first instance court rendered a judgment of innocence on February 2, 2016 among the facts charged, and on May 12, 2016, rendered a judgment of innocence on the charge of larceny of vehicle keys, and only the Defendant appealed on the ground that only the first instance court’s judgment was erroneous in sentencing.

Therefore, since the portion of the judgment of the court of first instance is separated and confirmed as it is, it is excluded from the scope of the judgment of this court, and only the portion of the judgment of the court of first instance falls under the scope of the judgment

The summary of the grounds for appeal (the first instance court: imprisonment with prison labor for one year, and the second instance court: imprisonment with prison labor for five months) of the lower court is too unreasonable.

Judgment

Before the judgment on the grounds for appeal was made, the defendant appealed against the guilty portion of the judgment of the court of first instance and the judgment of the court of second instance, and this court decided to concurrently examine the above two appeals cases.

Each of the above offenses against the Defendant by the lower court is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and a single punishment shall be imposed within the scope of the term of punishment subject to aggravated punishment pursuant to Article 38(1) of the Criminal Act. As such, the part of the lower judgment against the Defendant and the lower judgment of the second instance cannot be maintained as it is.

Thus, the judgment of the court below of first instance and the judgment of the court below of second instance are reversed ex officio. Thus, without examining the defendant's unfair argument about sentencing, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court and the summary of evidence are as stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.