The part of the judgment of the first instance and the judgment of the second instance against Defendant A shall be reversed, respectively.

Defendant

A shall be punished by imprisonment for one year.

1. The summary of the grounds for appeal is too unreasonable that the punishment of the lower court against the Defendants [one year of imprisonment, eight months of probation (the first instance judgment), two years of probation, two years of community service, one hundred and twenty hours of community service (the second instance judgment), eight months of probation, two years of probation, one hundred and twenty hours of community service] is too unreasonable.

2. Determination

A. Before determining the grounds for appeal by the above defendant A, the above defendant's each crime against the above defendant is concurrent crimes under the former part of Article 37 of the Criminal Act. Since the court below's each case was consolidated for a trial and selected the same type of punishment for each crime, it is necessary to render a single sentence in accordance with Article 38 (1) of the Criminal Act for each of the above crimes. In this regard, the part against the above defendant among the judgment of the court of first instance and the judgment of the court of second instance against the above defendant cannot be reversed.

B. In full view of the circumstances and results of the crime of this case against Defendant I, the criminal records of the above defendant, and all other matters concerning the sentencing specified in the records and arguments of this case, the punishment of the second judgment against the defendant is deemed appropriate, and the above defendant's assertion is without merit.

3. According to the conclusion, since the part concerning Defendant A among the judgment of the court of first instance and the judgment of the court of second instance on the grounds of the above ex officio reversal, it is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is decided as follows. Defendant I’s appeal is without merit, and it is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It

Criminal facts

The summary of the evidence and the facts charged against Defendant A, which the court acknowledged, and the summary of the evidence, are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant Articles 342, 331(2) and (1) (the point of attempted special larceny) of the Criminal Act concerning facts constituting an offense, and the Criminal Act.