The judgment of the court below is reversed.

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

However, the period of three years from the date this judgment became final and conclusive.

1. The sentence imposed by the court below on the summary of the grounds for appeal (two years and three years of suspended sentence of imprisonment for two years and six months) is too unhued and unreasonable.

2. According to the evidence duly adopted and examined by the first instance court on April 20, 2017, the Defendant was sentenced to a suspended sentence of six months of imprisonment with prison labor for special larceny on April 28, 2017 in the Chuncheon District Court's original branch, and the judgment became final and conclusive on April 28, 2017, prior to the judgment on the grounds for appeal against the board of directors, the Defendant is sentenced to a punishment in consideration of equity with the case of concurrent crimes under Article 39 (1) of the Criminal Act in relation to the above special larceny for which the judgment became final and conclusive and the latter after Article 37 of the Criminal Act, and thus, the judgment of the lower court cannot be maintained any further.

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and the following is again decided after pleading.

[Grounds for the judgment below] The summary of facts constituting a crime and evidence recognized by this court is a summary of the facts constituting a crime and evidence, and the judgment of the court below became final and conclusive on April 28, 2017, upon being sentenced to a suspended sentence of imprisonment with prison labor for six months for special larceny in the original branch of the Chuncheon District Court on April 20, 2017.

In addition, “1. A previous conviction in the judgment of the court below” is added to “a summary of evidence” column, and “a summary of the evidence” is as stated in each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act, except for adding “a final and conclusive date data of the criminal justice system” to “the original decision of the Chuncheon District Court (2016 High Court Order 1264).

Application of Statutes

1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

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

1. Articles 53 and 55(1)3 of the Criminal Act (Article 55(1)3 of the Act on Reduction of Small Quantity (the following) are advantageous to the reasons for sentencing.