All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. Summary of grounds for appeal;

(a) The sentence imposed on the Defendant by the first instance trial of the prosecutor (two years of suspended execution, the observation of protection, and the community service order 80 hours in the month of imprisonment with prison labor) is too unhued and unreasonable.

B. The sentence imposed by Defendant 2 on the Defendant (six months of imprisonment) is too unreasonable.

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

The judgment of the first and the second court's judgment against the defendant was pronounced respectively, and the prosecutor filed each appeal against the second court's judgment against the defendant, and this court decided to consolidate the two appeals cases.

However, the judgment of the court of first instance and the judgment of the court of second instance are 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 of second instance cannot be maintained as it is.

3. The judgment of the court below is reversed in entirety pursuant to Article 364 (2) of the Criminal Procedure Act without omitting the determination of the illegality of sentencing by the prosecutor and the defendant, and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the corresponding column of each judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 360 of the Criminal Act concerning the crime, Article 360 of the choice of punishment (the embezzlement of deserted articles in possession), Article 329 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. Each of the crimes of this case on the grounds of sentencing in the former part of Article 37, Article 38(1)2 and Article 38(2) and Article 50 of the Criminal Act, which are the grounds for the aggravated punishment of concurrent crimes, is that the defendant's access to the victims under the influence of alcohol steals a mobile phone, acquired a lost mobile phone from the road, and without returning it to the victims, and that the crime is not good.