The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. Summary of grounds for appeal;

A. The sentencing of the lower court (four months of imprisonment) is too unreasonable.

B. The lower court’s sentencing is too uneasible and unreasonable.

2. We examine ex officio the judgment on the assertion of unfair sentencing by both parties on the grounds of unfair sentencing.

According to the records, on August 24, 2012, the Defendant was sentenced to three years of imprisonment with prison labor for special robbery, etc. at the Busan District Court's Dong Branch (Seoul District Court's Branch Branch 2012 High Court's Branch 2012 High Court's High Court's Branch 156), and appealed on October 31, 2012, and was sentenced to two years and six months of imprisonment with prison labor (Seoul High Court's 2012No466), and the appeal was withdrawn on November 28, 2012 (Supreme Court's 2012Do14216) and the above appellate court's decision became final and conclusive on the same day. The crime of this case committed before the judgment becomes final and conclusive is a concurrent crime under the latter part of Article 37 of the Criminal Act, and when a crime has not been adjudicated among concurrent crimes pursuant to Article 39 (1) of the Criminal Act, the lower court's judgment has no longer been sentenced in view of the case where the judgment became final and equity.

3. If so, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed, and it is again decided as follows.

Criminal facts

The summary of the facts charged by the defendant and the summary of the evidence are as follows: "the defendant was sentenced to three years of imprisonment with prison labor for special robbery, etc. at the Busan District Court's Dong Branch on August 24, 2012, and the above judgment was reversed on October 31, 2012 and sentenced to two years and six months of imprisonment with prison labor on October 31, 2012" and the appeal was withdrawn on November 28, 2012.