The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for a year and six months, and for a defendant B, for two years and six months, respectively.

seizure.

Summary of Grounds for Appeal

Each sentence of the court below against the defendants (the defendant A: 3 years of imprisonment; the defendant B: 4 years of imprisonment; the confiscation) is too unreasonable.

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

In the event that a person habitually commits multiple crimes repeatedly, it is not to regard each crime as a separate crime and be punished as a single crime covering all of them, but to be punished as a single crime for a habitual offender in line with the nature of the habitual offender or the legislative intent of the provisions on the aggravated punishment.

(See Supreme Court en banc Decision 2001Do3206 Decided September 16, 2004, etc.). The fact that each crime of this case was committed by the Defendants, which led to the creation of a theft habit by the Defendants, is the same as recognized by the court below. The Defendants’ act of larceny or attempted to steals another’s property as stated in the facts charged habitually, such act constitutes only one crime by including the rest of the most serious habitual special larceny.

(see, e.g., Supreme Court Decision 75Do1184, May 27, 1975). Nevertheless, the court below classified the defendants' each theft act into types of each theft act and recognized each of the defendants as habitual special larceny, habitual special larceny, habitual night structure intrusion larceny, and habitual night structure larceny, and then again commits an unlawful act dealt with as concurrent crimes, and such an unlawful act was affected by the judgment. In this regard, the court below was no longer maintained.

The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendants' assertion of unfair sentencing, on the grounds of the above ex officio reversal, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the respective columns of the original judgment.

The Criminal Procedure Act.