In the case of crimes Nos. 1 and 2, the defendant shall be punished by imprisonment with prison labor for three months and the remainder of the judgment.

2. In light of the evidence duly admitted and examined by the lower court prior to the judgment on the grounds for ex officio appeal, the Defendant was sentenced to six months of imprisonment by larceny, etc. at the Ulsan District Court on March 9, 2017 and the said judgment became final and conclusive August 22, 2017. As such, the Defendant’s crime Nos. 1 and 2 as indicated in the lower judgment against the Defendant and the said larceny, etc., which became final and conclusive as of August 22, 2017, should be sentenced to punishment for crimes Nos. 1 and 2 as indicated in the lower judgment by taking into account the case of concurrent crimes after Article 37 of the Criminal Act and equity, and thus, the lower judgment cannot be maintained as it is.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 346 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

[Grounds for the judgment in its reasoning] The summary of facts constituting a crime and evidence admitted by the court below and the summary of the evidence are as follows: "The defendant was sentenced to six months in advance of the criminal facts of the judgment of the court below on April 18, 2016 by imprisonment with prison labor for fraud, etc. at the Ulsan District Court on September 4, 2016; on March 9, 2017, the Ulsan District Court sentenced the defendant to six months in prison for larceny, etc.; and on August 22, 2017, the judgment became final and conclusive and stated in each corresponding column of the judgment of the court below on August 22, 2017; thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act and Article 347 of the Criminal Act as to the facts constituting an offense, and the choice of imprisonment;

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

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That the main sentence of Article 39 (1) (limited to crimes of Articles 1 and 2 of the Judgment and larceny, etc. of which judgment becomes final and conclusive);

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;