All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

1. The summary of the grounds for appeal (unfair sentencing) each of the original decisions (the first instance court: imprisonment with prison labor for three years and six months, and the second instance court: imprisonment with prison labor for four months) is too unreasonable.

2. The judgment of the court of first instance and the judgment of the court of second instance on the defendant's ex officio determination were pronounced, and the defendant filed an appeal against them, and this court decided to hold concurrent hearings of the above two appeals cases. The crimes of the first and second appeals against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment should be imposed in accordance with Article 38 (1) of the Criminal Act. Thus, the judgment of the court of first and second appeals cannot be maintained as they are.

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 unfair argument of sentencing, and it is again decided as follows.

【Grounds for a new judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 331(1) of the Criminal Act (a) (a point of larceny after destroying a structure at night), Article 330 of the Criminal Act (a point of larceny by intrusion upon a structure at night), Articles 342 and 331(1) (a point of attempted larceny after destroying a structure at night) of the Criminal Act, Articles 342 and 330 (a point of attempted larceny by intrusion upon a structure at night) of the Criminal Act, Articles 342 and 330 (a point of attempted larceny by intrusion upon a structure at night), Article 329 of the Criminal Act (a point of intention, and choice of imprisonment with prison labor);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The Defendant committed a continuous and repeated crime, such as: (a) the first sentence of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes committed a crime by impairing another’s structure at night to steals or attempted to steals property; (b) there was a history of punishment including a punishment for the same type of crime; and (c) during the period of a same repeated crime.