A defendant shall be punished by imprisonment for a short term of four months and six months.

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

On February 11, 2020, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Jeonju District Court on February 11, 202, for a short term of one year and six months, and the above judgment became final and conclusive on June 5, 2020.

Since the theft, etc. of this case against the defendant is in the relation of concurrent crimes provided for in the latter part of Article 37 of the Criminal Act with the above larceny, etc. for which a judgment has become final and conclusive, a sentence shall be imposed in consideration of equity in cases where a judgment is rendered simultaneously

Therefore, the judgment of the court below can no longer be maintained.

3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is so decided as follows.

[Reasons for the judgment of multiple court] The summary of facts constituting a crime and evidence admitted by this court was sentenced to all of the facts constituting a crime [Attachment to Criminal Records] by the previous Jeju District Court on February 11, 2020 to imprisonment with prison labor for larceny, etc. on a short-term of one year and six months, a long-term of two years and six months, and the above judgment became final and conclusive on June 5, 2020.] The above judgment was added to the summary of evidence, and it is identical to each corresponding column of the judgment of the court below, except for addition of the defendant's statement and the "court decision" to the summary of evidence, and thus, it is cited as it is in accordance with Article 369

Application of Statutes

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 331 (2) and (1) of the Criminal Act (the point of concurrent larceny), Article 152 subparagraph 1 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.