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

2. Prior to the judgment on the grounds for appeal ex officio, the records show that the Defendant was sentenced to four months of imprisonment with prison labor for larceny from the Busan District Court’s Vice Branch on April 1, 2015, and the judgment became final and conclusive on June 20, 2015.

Since the crime of larceny and the crime of this case for which judgment has become final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity and equity in cases where a judgment is rendered at the same time pursuant to Article 39(1) of the Criminal Act. Thus,

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows, without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal.

Criminal facts

The summary of the crime and evidence against the defendant recognized by this court is "the execution of the sentence has been terminated" in the second sentence of "the crime crime crime crime records", and except for adding "1. Investigation Report" to the summary of the evidence, it is the same as the corresponding column of the judgment of the court below, and thus, it is accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 329 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

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

1. The main sentence of Article 37 and Article 39(1) of the Criminal Act that both the damage and the injury are recovered or not agreed with the victim, and there is a record of criminal punishment several times for the same crime, and in particular, in the Incheon District Court's Branch Branch on June 13, 2013.