The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Seized evidence 1 to 3 shall be confiscated.

1. The sentence imposed by the court below on the defendant (one hundred months of imprisonment) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

According to the records, the defendant was sentenced to imprisonment with prison labor for larceny, etc. on December 17, 2015 at the Busan District Court (2015 High Court Decision 7563, 7563) and the above judgment became final and conclusive on December 25, 2015.

Therefore, since each of the crimes of this case is in a concurrent relationship between each of the crimes for which the above judgment has become final and conclusive and the latter part of Article 37 of the Criminal Act, the punishment of this case shall be determined in consideration of the equity between the crimes for which the above judgment has become final and conclusive under Article 39(1) of the Criminal Act

The judgment of the court below cannot be maintained in this respect.

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 defendant's improper assertion of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts and evidence against the defendant recognized by the court is ① the first head of the facts and the first head of the facts and the first head of the original judgment on Dec. 17, 2015. The judgment on Dec. 25, 2015 became final and conclusive on December 2015.

Article 369 of the Criminal Procedure Act provides that “(1) previous records of the judgment” shall be added to the summary of the evidence, and (2) other than adding “1. previous records of the judgment: references to inquiries, such as criminal history, references to summary information of the case, and judgments of the first instance court” as stated in each corresponding column of the judgment of the judgment of the court below, this shall

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 331(2), 331(1) (a) of the Criminal Act, Articles 342, 331(2), and 331(1) (a) of the Criminal Act, Article 329 of the Criminal Act, Article 342 of the Criminal Act, Articles 342, and 329 of the Criminal Act, each of the following are applicable to the crime.