A defendant shall be punished by imprisonment for a maximum of eight months or short of four months.

A. The sentence of the lower court (long-term 6 months of imprisonment with prison labor for a maximum of 10 months) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. According to the records of this case’s judgment ex officio, the Defendant was sentenced to imprisonment with labor for a maximum of one year and one year and one year and two months for special larceny at the Gwangju District Court on January 25, 2017 and the judgment became final and conclusive on March 31, 2017. However, each of the offenses and the above special larceny, which became final and conclusive in the judgment of the court below against the Defendant, are in a concurrent relationship with the Defendant after Article 37 of the Criminal Act, and a punishment shall be determined in consideration of equity in the case where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the error of sentencing by the defendant and the prosecutor, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are as follows: “The Defendant was sentenced on January 25, 2017 by a special larceny, etc. at the Gwangju District Court on a short-term of one year and August 1, 2017, and the above judgment became final and conclusive on March 31, 2017.” The Defendant’s statement on March 31, 2017, as stated in each corresponding column of the lower judgment, except that the Defendant’s statement on January 5, 201 as “1. Defendant’s legal statement” is deemed to be “1. Defendant’s legal statement” as stated in each corresponding column of the lower judgment, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 331(2) and (1) (special larceny points) of the Criminal Act concerning facts constituting an offense, and Articles 152 Subparag. 1 and 43 of the Road Traffic Act (non-licensed driving point, and choice of imprisonment with prison labor);

1. Articles 2 and 60(2) of the Juvenile Act, Article 55 of the Criminal Act.