The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

The facts charged of this case are as follows: (a) the Defendant stolen only one cell phone owned by the victim E and one cell phone owned by the victim F. The prosecutor stated the name of the crime as “thief” and the applicable provisions of this case as “Articles 329, 35, 37, and 38 of the Criminal Act”.

Meanwhile, according to the records, since the victims have stolen each of the above mobile phones between the victims who entered a locking object into a convenience store, it is reasonable to view that the victims continued to possess their own mobile phones.

Therefore, the crime of this case cannot be viewed as a single comprehensive crime, the crime of larceny is established independently for each victim, and each larceny is in the relation of substantial concurrent crimes.

Nevertheless, the judgment of the court below is erroneous in the misapprehension of legal principles as to the number of crimes, which affected the conclusion of the judgment, since it judged this as a single crime and omitted aggravated punishment.

3. In conclusion, the judgment below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the judgment below is reversed and it is again decided as follows.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment of the court below. Thus, they are cited as it is in accordance with Article 369 (1) of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the crimes;

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

1. The punishment of larceny against the victim F with heavy punishment of Article 37 (former part), Article 38 (1) 2, and Article 50 (1) of the Criminal Act, shall be aggravated.