All the judgment below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. Each punishment of the lower court (the first instance judgment: imprisonment with prison labor for a period of one year and six months, and the second instance judgment: imprisonment with prison labor for a period of six months) is too heavy when taking into account various circumstances against the Defendant in the summary of the grounds for appeal.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, this Court tried to examine the two cases of appeal by combining the two cases of appeal by the defendant, and all the crimes of each case deliberated in the trial by the court in question are concurrent crimes under the former part of Article 37 of the Criminal Act. Accordingly, the judgment of the court below should 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. In this regard, the judgment of the court below cannot be maintained any more.

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

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are as stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 331 (2) of the Criminal Act [the fact of habitual larceny, choice of limited imprisonment, and maximum punishment shall be 15 years of imprisonment in accordance with the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010); Articles 362 (2) and (1), and 30 of the Criminal Act (amended by Act No. 10259, Apr. 15, 2010); Articles 347 and 30 of the Criminal Act; Articles 347 and 30 (Appointment of Fraud and Selection of Imprisonment

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are special robbery at the Gwangju District Court on April 9, 2009.