All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for five years.

Nos. 1 through 7 of seized evidence.

1. The sentence of the lower court (the first instance court: 4 years of imprisonment, confiscation, return to the victim, and the second instance court: 1 year of imprisonment) against the Defendant on the summary of the grounds for appeal (an unfair form of punishment) is too unreasonable.

2. We examine ex officio the grounds for appeal ex officio before determining the grounds for appeal.

The Defendant filed an appeal against all the judgment of the court below in the first and second instances, and this court decided to conduct a consolidated hearing of the above appeal cases.

However, since each of the offenses recognized by the lower judgment is concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act, the lower judgment cannot be maintained as it is.

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

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court is identical to facts constituting a crime and summary of evidence, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-4 (5) of the relevant Act on the Aggravated Punishment, etc. of Specific Crimes for which the choice of punishment is made, Article 330 of the Criminal Act (the point of night larceny for each repeated crime), Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 330 of the Criminal Act (the point of attempted larceny for each repeated crime at night), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (the point of

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing under Article 333(1) of the Return Criminal Procedure Act shows that the defendant has both recognized and reflected his own crime, and is the larceny crime in this case.