The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and eight months.

40 hours against the defendant.

The summary of the grounds for appeal is that the part of the judgment of the court below that recognized special larceny among the judgment of the court of first instance is affected by the conclusion of the judgment.

In addition, each sentence of the first and second judgment decision (one year of imprisonment; two months of imprisonment; 40 hours of education) is too unreasonable.

The decision of the first instance trial of the prosecutor (one year of imprisonment) is too unhutiled and unfair.

Judgment

When examining the facts charged of special larceny based on the evidence duly adopted and examined as to the assertion of mistake, it is reasonable and just that the court of the original instance found the defendant guilty as stated in its holding.

We cannot accept the allegation that there is a mistake of facts affecting the judgment of the court below.

We examine ex officio prior to the judgment on the unfair determination of sentencing on consolidation.

The defendant respectively filed an appeal against the judgment of the court of first and second instance, and the court of the first instance decided to consolidate the appeal cases.

Each crime of the judgment below constitutes concurrent crimes under the former part of Article 37 of the Criminal Act.

Pursuant to Article 38 (1) of the Criminal Code, a single sentence should be imposed within the scope of aggravated concurrent crimes.

Therefore, the judgment of the court below can no longer be maintained.

3. In conclusion, the judgment of the court below Nos. 1 and 2 is reversed, and the judgment below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows.

【Grounds for another judgment】 The facts constituting a crime and the summary of the evidence recognized by the court and the summary of the evidence are the same as stated in each corresponding column of the first and second judgments, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 331(2) and 331(1) of the Criminal Act concerning criminal facts and the choice of punishment (special larceny) and each.