All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

but for three years from the date this judgment becomes final.

1. The summary of the grounds for appeal of the first instance court’s punishment (one year and six months of imprisonment), and the second instance court’s punishment (one year and six months of suspended execution, two years of probation, and one hundred and twenty hours of community service order) are too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, each appeal case against the defendant was joined in the court below for the first time. Each of the offenses of the judgment below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and a sentence should be imposed within the scope of the term of punishment aggravated for concurrent offenses in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below is no longer maintained.

3. The lower court’s conclusion is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, on the grounds of ex officio reversal, and further decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows. The summary of the judgment of the court of first instance, except for the deletion of "the defendant is a one and half years imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and two years of suspended execution, which was sentenced by the Government District Court on April 30, 2014, and is currently in the grace period," and therefore, it is identical to the corresponding columns of the judgment of the court below.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 332 and 329 of the Criminal Act concerning the crime (to select imprisonment, collectively, by crimes of each judgment below);

1. Of concurrent crimes, the provision of the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with punishment prescribed for habitual larceny of 2015 Inventory25 of the same Act), among concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following sentencing grounds shall be taken into account the sentencing conditions under Article 51 of the Criminal Act);

1. Grounds for sentencing under Article 62-2 (1) of the Social Services Criminal Act, Article 59 of the Act on Probation, etc.;

1. Legal provisions;