A defendant shall be punished by imprisonment for one year.

The Suwon District Prosecutors' Office, which was seized, was pressured in 2016.

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

According to the records, the Defendant was sentenced to one year of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the Suwon Friwon on November 30, 2016, and the said judgment became final and conclusive on December 8, 2016.

The crime of larceny (thief) in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, for which the Defendant’s crime of this case and the judgment became final and conclusive, is related to concurrent crimes by the latter part of Article 37 of the Criminal Act, and the sentence should be determined after examining whether to reduce or exempt the sentence in consideration of equity and equity in cases where the sentence is to be judged at

In this respect, the judgment of the court below cannot be maintained as it is.

3. If so, 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 assertion of sentencing, since there is a ground for reversal ex officio as above, and the judgment below is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts constituting a crime and evidence acknowledged by this court is as follows: “The Defendant was sentenced to one year from the date of imprisonment with labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Suwon Franchising Station on November 30, 2016, which became final and conclusive on December 8, 2016; and the summary of the evidence of the judgment of the court below is the same as the corresponding column of the judgment of the court below, except for adding “each” in front of “the last sentence” of “the judgment of the court below,” and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 329 of the Criminal Act applicable to the crime, Article 329 of the choice of punishment (abstinence, choice of imprisonment), Article 5-4 (5) 1, Article 329 of the Act on the Aggravated Punishment, etc. of Specific Crimes (abstinence of repeated crimes), Article 319 (1) of the Criminal Act (abstinence of structures, and choice of imprisonment with prison labor);

1. Aggravation of repeated crimes;