The judgment of the court below is reversed.

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

1. The summary of the reasons for appeal (two months of imprisonment) by the lower court is too unreasonable.

2. Before determining the Defendant’s grounds of appeal on the grounds of appeal ex officio, the Defendant was sentenced to six months of imprisonment with prison labor for larceny at the Suwon District Court on June 17, 2015, and the judgment became final and conclusive on October 23, 2015. The crime of the lower judgment and the crime of larceny, which became final and conclusive on the Defendant, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and should be sentenced to punishment for the crime of the lower judgment in consideration of equity in sentencing with the case where the judgment is concurrently rendered pursuant to the former part of Article 39(1) of the Criminal Act. In this regard, the lower judgment cannot be maintained.

3. Thus, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's grounds for appeal on the grounds of appeal, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are as follows: "The defendant was sentenced to six months of imprisonment with prison labor from the Suwon District Court for larceny on June 17, 2015 and the above judgment became final and conclusive on October 23, 2015" in all the criminal facts of the judgment of the court below, and the summary of the evidence added "1..............., the criminal records of the court: criminal records of the defendant (the defendant's office in the Suwon District Court Decision 2014 High Court Decision 4561, the defendant's office in the case)" to the summary of the evidence as stated in each corresponding column, and therefore,

Application of Statutes

1. Relevant Article 347-2 of the Criminal Act, the choice of punishment against the crime, Article 347-2 of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment, respectively;

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

1. Among concurrent crimes, the defendant for the reason of sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act is the same kind of crime.