A defendant shall be punished by imprisonment for not less than two years and four months.

Part 25 (Evidence No. 1), 100,000, which was seized.

2. According to the records of the instant case’s judgment ex officio, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. at the Gwangju District Court on January 13, 2021 and the said judgment became final and conclusive on January 21, 2021.

The crime in the judgment of the court below is in the relation of larceny, etc., for which the judgment of the court below became final and conclusive, Article 37 of the Criminal Act, and the relationship of concurrent crimes with the latter part of Article 39 (1) of the Criminal Act, taking into account the equity between the case and the case of concurrent crimes.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the following decision is delivered after pleading.

Criminal facts

The summary of the facts constituting a crime and the evidence admitted by this court are as follows: “The Defendant was sentenced to six months of imprisonment with prison labor by larceny, etc. at the Gwangju District Court on January 13, 2021, and the said judgment became final and conclusive on January 21, 2021.

“A summary of the evidence” of the judgment of the court below is the same as the corresponding column of the judgment of the court below, except for the addition of “a copy of the investigation report (the attachment report of the judgment)” in the last part of “1. Before the judgment of the court below” as “the summary of the evidence,” and thus, it is cited in accordance with Article 369

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act (Influence of residence, choice of imprisonment), and Article 329 of the Criminal Act (Influence of intention and choice of imprisonment) concerning the crime;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Articles 333(1) and 333(2) of the Victim Return or Delivery Criminal Procedure Act is to recognize each of the crimes in this case, and the imprisonment is to become final and conclusive on January 13, 2021.