Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

2. Before making a judgment on the grounds for ex officio appeal, the records show that the Defendant was sentenced ex officio on October 24, 2019 to imprisonment with prison labor for an attempted crime of larceny, etc. and on April 9, 2020, and the judgment became final and conclusive on October 24, 2019.

Therefore, in this case, in relation to the crime of larceny and the crime of concurrent crimes after Article 37 of the Criminal Act, punishment shall be determined after considering equity in the case of concurrent crimes with the judgment at the same time and examining whether to reduce or exempt punishment pursuant to Article 39(1) of the Criminal Act. As such, the judgment of the court below cannot be maintained any more.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows after pleading.

[Grounds] The summary of facts constituting an offense and evidence recognized by this court is "criminal records" in the judgment below, and the defendant was sentenced on October 24, 2019 to imprisonment with prison labor for the attempted larceny in the Chuncheon District Court's Gangnam Branch branch for a maximum of eight months and the short of six months and the judgment on April 9, 2020 became final and conclusive.

In addition, “the previous conviction in the judgment,” and “the summary of evidence” added “the statements at the trial date at the trial court at the defense counsel,” and “the statements at the trial date at this court,” as stated in each corresponding column of the judgment of the court below. As such, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 329 of the Criminal Act applicable to the crime, Article 329 of the selective criminal punishment, Article 37 of the Criminal Act to treat selective criminal punishment: Provided, That Article 39 (1) of the same Act shall apply;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant committed the instant crime with the reason for sentencing under Article 334(1) of the Criminal Procedure Act.