All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for three years.

1. The punishment of the first instance judgment (two years and six months of imprisonment) and the punishment of the second instance judgment (eight months of imprisonment) against the accused as to the summary of the grounds for appeal shall be too unreasonable; and

2. Prior to the judgment on the grounds of ex officio appeal, the defendant filed an appeal against the judgment of the court below Nos. 1 and 2, and this court decided to concurrently examine each of the above appeals cases. Each of the offenses against the defendant in the judgment of the court below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and thus, a single punishment shall be imposed at the same time pursuant to Article 38(1) of the Criminal Act.

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

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows without further proceeding to decide on the Defendant’s unfair assertion of sentencing, on the grounds that the judgment of the court below was reversed ex officio as seen earlier.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of each of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 331 (1) of the Criminal Act (the point of special larceny), Articles 342, 331 (1) (the point of attempted special larceny) of the Criminal Act, Article 330 of the Criminal Act (the point of attempted larceny) and Articles 342 and 330 of the Criminal Act concerning the crime in question; and Articles 342 and 330 of the Criminal Act (the point of attempted larceny of intrusion upon night buildings);

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

1. The reasons for sentencing under the former part 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 multiple crimes for a long time, and the method of sentencing is also not sufficient to commit the crime by destroying or destroying part of a structure at night and destroying it at night, and there is a record of punishment for the same crime. In addition, there is a considerable portion of the crime in this case, which was committed during the period of repeated crimes, and the amount of theft is considerable to the trial.