All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

1. The punishment (No. 1: imprisonment with prison labor for 6 months, and No. 2: imprisonment with prison labor for 4 months) declared by the court below is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the defendant filed an appeal against each judgment of the court below, and this court decided to hold concurrent hearings against each case of appeal against each judgment of the court below. Each of the crimes of the court below 1 and 2 against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of a limited term of punishment under Article 38(1) of the Criminal Act. Thus, the above judgment of the court below cannot be maintained any more.

3. If so, the court below's decision is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows after hearing.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of 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 330 of the Criminal Act and Article 347 (1) of the Criminal Act (the point of larceny at night) concerning facts constituting a crime and the choice of punishment (the point of fraud and the choice of imprisonment);

1. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act recognize all the crimes of this case and reflects them, the fact that there is no criminal punishment if the defendant excluded from the record of forwarding the juvenile protection case, and that the defendant's age seems to have a high possibility of improving character and behavior, etc. are favorable to the defendant.

However, the crime of this case intrudes on the part of the defendant at night.