The part of the judgment of the court of first instance and the judgment of the court of second instance are reversed.

The defendant shall be punished by imprisonment for seven months.

【Judgment on Grounds for Appeal】

1. The punishment of the court of first instance (eight months of imprisonment) and that of the court of second instance (four months of imprisonment) against the defendant is too unreasonable.

2. Before determining the Defendant’s assertion of judgment, the judgment of the court below should be examined ex officio, and as the judgment of the court below appealed in the trial, each of the offenses against the Defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and the judgment of the court below should be rendered concurrently in accordance with Article 38 of the Criminal Act. Thus, the judgment of the court below cannot be maintained any more.

In addition, the prosecutor applied for the amendment of the bill of amendment to the indictment with the content that the prosecutor maintains the facts charged in the judgment of the court of the second instance and alternatively added "the selective charge added in the court of the second instance" as it is, and the subject of the judgment was changed by this court's permission, so the judgment of the court of the second instance cannot be maintained any more.

3. Accordingly, 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 on unfair sentencing, on the grounds of the above reasons for reversal of authority. It is so decided as follows.

[Grounds for the decision of the court below] The defendant was sentenced to six months of imprisonment by embezzlement, etc. at the Incheon District Court on September 17, 2010 and the judgment became final and conclusive on the 25th of the same month.

1. At around 15:00 on February 18, 2009, the Defendant: (a) discovered the victim L L, which was parked in a place where the keys was displayed before the K branch located in the JJ in Seongbuk-gu, Sungnam-gu; (b) reported the network around C; and (c) the Defendant driven the above leba.

Therefore, the Defendant, together with C, stolen the victim’s property as above.

2. The Defendant, along with C, shall be the Defendant or C’s passbook.