Defendant shall be punished by a fine of four million won.

The above fine shall not be paid by the defendant.

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

Where concurrent crimes prescribed by the latter part of Article 37 of the Criminal Act before a judgment of the first instance was rendered after the judgment of the appellate court was rendered and a final and conclusive judgment to sentence punishment was rendered pursuant to Article 39(1) of the Criminal Act, the appellate court shall ex officio reverse the judgment of the first instance and

(See Supreme Court Decision 2010Do15253 Decided January 13, 201, and Supreme Court Decision 2012Do9295 Decided September 27, 2012, etc.). According to the records, the Defendant may be found to have been sentenced to imprisonment for larceny on November 14, 2014, with prison labor for not less than four months at the Sungwon District Court Sung-nam branch, and the said judgment became final and conclusive on November 22, 2014. The crime for which the said judgment became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act.

Therefore, the judgment of the court below can no longer be maintained in this respect, since the punishment is to be determined in consideration of equity in the case of concurrent judgment pursuant to Article 39(1) of the Criminal Act by reversal ex officio.

3. In conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the prosecutor, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence of the defendant recognized by this court is identical to the description of each corresponding column of the judgment below, except for adding "the defendant was sentenced to four months of imprisonment with prison labor for larceny from the Sungwon District Court's Sung-nam Branch on November 14, 2014, and the above judgment became final and conclusive on November 22, 2014," 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 and Article 329 of the Criminal Act concerning the crime, the choice of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The detention at a workhouse on May 14, 2014 of the former Criminal Act.