All judgment of the court below shall be reversed.

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

1. Summary of grounds for appeal;

A. The sentence of each of the defendants (the first instance court: the imprisonment of one year, and the second instance court: the imprisonment of four months) is too unreasonable.

B. The sentence of the first instance court by the prosecutor is too uneased and unreasonable.

2. Prior to the judgment on each of the grounds for appeal above, the first and second court sentenced the defendant to the above punishment by examining the above grounds for appeal ex officio before the judgment on each of the above grounds for appeal, and sentenced the defendant to the above punishment. The defendant to the first and second court judgment, the prosecutor filed an appeal against the first and second court judgment, and the court of the first and the second court decided to hold concurrent trials. Each of the crimes of the court below against the defendant to the first and second court is related to 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 the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. Thus, all of the judgment of the court below cannot be exempted from the reversal.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, on the ground that there are the above reasons for ex officio reversal, and without examining the prosecutor's first and second judgment of the court below, each of the above judgment below is reversed pursuant to Article 364(2).

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Article 35 of the Criminal Act among repeated crimes;

1. The circumstances and the defendant committed each of the crimes of this case during the period of repeated crime due to the crime of attempted special robbery, the victims and the defendant did not reach an agreement, among concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which are disadvantageous to the defendant, and the defendant.