We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for not less than two years and eight months.

Seized evidence No. 1 shall be confiscated.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (the first instance judgment: imprisonment with prison labor for a year and ten months, confiscation, and second instance: imprisonment with prison labor for a year and ten months) is too unreasonable.

B. The above punishment of the court below's order against the defendant is too unhutiled and unfair.

2. We examine ex officio the grounds for appeal by the defendant and prosecutor prior to the judgment.

A. The court held that each appeal case against the judgment of the court below was consolidated and tried, and each of the offenses against the defendant at the time of the judgment of the court below against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and should be punished as a single sentence within the scope of the term of punishment aggravated for concurrent crimes in accordance with Article 38(1) of the Criminal Act. Therefore, the judgment of the court below cannot be maintained any more.

B. In the first instance trial, the Prosecutor applied the instant criminal name to “the attempted larceny and larceny” from “the attempted larceny,” and the applicable legal provisions to “Articles 347(1), 352, and 30 of the Criminal Act” to “Articles 329, 342, 27, and 30 of the Criminal Act” as “Articles 329, 342, 27, and 30 of the Criminal Act,” and applied for permission to amend the amendment to the indictment as stated in the attached facts charged. Since the instant court permitted the amendment and changed the same, the lower judgment was no longer maintained in this respect.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the judgment of the court below as to the unfair argument of sentencing by the defendant and the prosecutor, and it is again decided as follows after the pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by this court is as follows, except for the alteration of facts constituting an offense in the original judgment as stated in the revised facts charged, and thus, it is identical to each corresponding column of the original judgment. Thus, it is accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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