All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for three years.

A small hand light, etc. seized.

1. The decision of the court below on the gist of the grounds of appeal (the decision of the court below 2 years and 6 months, and the decision of the court below 2 years and 1 year and 6 months) is too unreasonable.

2. Determination on the Defendant’s assertion of unreasonable sentencing is made ex officio prior to the judgment.

All of the judgment of the court below which convicted the Defendant, and each of the above judgments is concurrent crimes under the former part of Article 37 of the Criminal Act, which shall be sentenced to one of the judgment as set forth below, so all of the above decisions cannot be maintained.

3. Accordingly, the judgment of the court below is reversed in its entirety under Article 364(2) and (6) of the Criminal Procedure Act, without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal, and it is again decided as follows.

- The reasons used again for reversal - Criminal facts recognized by this Court as criminal facts and summary of evidence, and summary of evidence, are as stated in each corresponding column of the judgment of the court below, except for deletion of the part of "criminal records" under paragraph (2) from the first bottom of the judgment of the court of first instance. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning facts constituting an offense and Article 330 of the Criminal Act, Articles 342, 335, 334 (2) and (1), 333 of the Criminal Act, and Article 331 (1) of the Criminal Act concerning the selection of punishment for each of the following:

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes concerning quasi-special robbery which lack the largest punishment)

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Each of the crimes in this case with the reason for sentencing under Article 48(1)1 of the Criminal Act shall be committed at night by opening a door that the defendant may not destroy or set up at home.