The defendant shall be exempted from punishment.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the prosecutor examined the following facts: "The defendant was sentenced to 10 months of imprisonment with prison labor on January 19, 2015, and the above judgment became final and conclusive on April 29, 2015" in the part below Article 311 of the Criminal Act among applicable provisions of law, and applied for the amendment of indictment with the contents that "the latter part of Article 37 and Article 39 (1)" were added to "the crime of conflict for which the judgment became final and conclusive and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act in relation to the latter part of Article 39 (1) of the Criminal Act, and after examining whether to reduce or exempt punishment in consideration of equity with the case where the judgment is rendered at the same time pursuant to Article 39 (1) of the Criminal Act, the judgment of the court below is no longer maintained.

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, on the grounds of ex officio reversal as seen earlier, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as follows: "The defendant was sentenced to ten months of imprisonment with prison labor on January 19, 2015, and the above judgment became final and conclusive on April 29, 2015, and was finally binding on April 29, 2015." 1. A previous conviction in the judgment of the court below is the same as the corresponding column of the judgment of the court below, except for addition of "the defendant's oral statement at the trial" as stated in each corresponding column of the court below. Thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 311 of the Criminal Act applicable to the crime;

1. The concurrent crimes and the crime of robbery in this case under the latter part of Article 37 and Article 39 (1) of the Criminal Act, which are exempted from punishment, shall be judged by a final judgment.