A defendant shall be punished by imprisonment for four months.

1. The decision of the court below against the defendant in light of the gist of the grounds for appeal is too unreasonable.

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

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 was sentenced to imprisonment with prison labor for not less than eight months at the Incheon District Court on June 25, 2014 and appealed the said judgment on July 7, 2014, and the said judgment became final and conclusive. Thus, 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. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows through pleading.

[Grounds for the judgment of the court] The summary of criminal facts and evidence against the defendant recognized by the court is added to the second sentence of the judgment of the court below, with the exception of adding "the defendant was sentenced to eight months imprisonment by the Incheon District Court on June 25, 2014 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) and the above judgment became final and conclusive on July 7, 2014."