The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months) of the lower court is too unreasonable.

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

According to the records of this case and the facts indicated in this court, the Defendant was sentenced to three months of imprisonment with prison labor from the Gangnam Branch of the Chuncheon District Court on October 21, 2015, and the judgment became final and conclusive on October 29, 2015.

As above, in relation to larceny for which judgment has become final and conclusive and each of the crimes of this case, punishment for each of the crimes of this case shall be determined in consideration of equity in cases where judgment is rendered at the same time in accordance with Article 39(1) of the Criminal Act.

Therefore, the judgment of the court below is no longer maintained.

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

[C] The facts constituting a crime and the summary of the evidence recognized by the court below and the summary of the evidence are all the facts constituting a crime of the court below, except for adding "the defendant was sentenced to three months of imprisonment with prison labor from the Gangnam Branch of the Chuncheon District Court on October 21, 2015, and the judgment became final and conclusive on October 29, 2015," and therefore, it is identical to each corresponding column of the court below's judgment. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 136(1) of the Criminal Act, Article 260(1) of the Criminal Act, and Article 260(1) of the Criminal Act, the choice of imprisonment for a crime

1. Article 35 of the Criminal Act among repeated crimes;

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

1. From among concurrent crimes, obstruction of the execution of official duties for the reasons for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act (the scope of recommending punishment).