All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. Summary of grounds for appeal;

A. Defendant 2’s sentence (two months of imprisonment) is too unreasonable.

B. The first sentence of the lower court (one year of imprisonment) on the inspection is too unhued and unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

The judgment of the court below in the first and second instances against the defendant was rendered, and the defendant filed each appeal against the judgment of the court of first instance against the judgment of the court of second instance, and this court decided to consolidate the judgment of the court of first and second instances with the judgment of the court of second and second instances.

Article 38(1) of the Criminal Act provides that each crime of the judgment of the court of first instance and the judgment of the court of second instance with the judgment of the court of second instance shall be subject to a single sentence pursuant to Article 38(1) of the Criminal Act, and thus, the judgment of the court of second instance cannot be maintained any more.

3. The judgment of the court below Nos. 1 and 2 is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the judgment of the court below as to the unfair argument of sentencing by the defendant and the prosecutor, and the judgment below is reversed in entirety, 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 facts constituting an offense, and Article 329 of the Criminal Act concerning the selection of punishment (the point of theft, the choice of imprisonment with prison labor), and Article 319 (1) of the Criminal Act (the point of intrusion upon residence and the choice of imprisonment with prison labor);

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

1. Reasons for sentencing of concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment and punishment for concurrent crimes prescribed by larceny on August 11, 2020), which are the largest penalty;

1. Scope of punishment by law: Imprisonment with labor for one month to 18 years;

2. Scope of the recommended sentences according to the sentencing criteria;

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