All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

A seized small cutting machine;

1. Each sentence (No. 1: Imprisonment with prison labor for a year and April, and No. 2: imprisonment with prison labor for a year and one year) that pronounced by the lower court on the gist of the grounds of appeal is too unreasonable.

2. Examining ex officio prior to the judgment on the grounds for appeal by the defendant, the defendant filed an appeal against the judgment of the court below. This court held that the above two appeals cases were consolidated and tried. Each crime of the first and second appeals decisions by the court below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

3. As such, 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 for sentencing, and the judgment below is reversed in entirety, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment of the court 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 concerning the facts constituting an offense, and Article 330 of the Criminal Act concerning the selection of punishment (the occupation of larceny at night), Article 329 of the Criminal Act (the intention of Section 329), Article 329 of the Criminal Act (the choice of imprisonment with prison labor), Article 319 (1) of the Criminal Act (the occupation of intrusion upon residence and the choice of imprisonment with prison labor);

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 48(1) of the Confiscation Criminal Act is that the Defendant was a repeated crime due to the same kind of crime, but the Defendant committed 15 times in total over a long period, resulting in multiple victims, and the total amount of damage is not small.

In addition, the defendant has been punished four times due to larceny (three times of punishment and one sentence), and the suspension of indictment was imposed due to larceny in 2015, but the defendant committed each of the crimes of this case of the same kind.