The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for a maximum term of one year and six months, and a short term of one year.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentencing (one and half years of imprisonment with prison labor for a maximum of one year and six months, and one year of short term) is unreasonable.

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

According to the records, the defendant was sentenced to a suspended sentence of 4 months of imprisonment with prison labor for larceny, etc. in the Daejeon District Court's Incheon Branch on January 18, 2021, and the judgment became final and conclusive on January 26, 2021.

Since the crime of the judgment of the court below against the defendant and larceny, etc. for which the judgment of the court below became final and conclusive are concurrent crimes of the latter part of Article 37 of the Criminal Act, punishment for each crime of the judgment of the court below shall be sentenced in consideration of the equality in the case where the judgment is held simultaneously pursuant to Article

Therefore, the judgment of the court below cannot be maintained as it is.

3. The part of the judgment of the court below regarding the defendant's case is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's grounds for appeal, and the part of the judgment of the court below concerning the defendant's case is ruled as follows through pleading.

[Grounds for the new judgment] Criminal facts and summary of evidence recognized by the court and the summary of evidence are all criminal facts. "The defendant was sentenced to imprisonment with prison labor for larceny, etc. on January 18, 2021 in the Daejeon District Court's Incheon Branch of the Daejeon District Court for the suspension of execution for April, 201, and the judgment became final and conclusive on the 26th of the same month.

“1. A previous conviction in the judgment of the court below” is the same as the description in the corresponding column of the judgment of the court below, except for adding “(A), copy of a reply to inquiries, such as criminal history, etc. (Jacheon District Court Branch 2020, Jacheon Branch 2020, Jacheon Branch 3124),” and “a summary inquiry of the case” to the summary of the evidence. As such, it shall be cited in accordance with Article

Application of Statutes

1. Article 329 of the Criminal Act applicable to the crime, Article 329 of the choice of punishment (abstinence, choice of imprisonment), Article 350(1) of the Criminal Act (abstinence, choice of imprisonment), Articles 352 and 350(1) of the Criminal Act (abstinence to imprisonment), and Articles 352 and 350(1) of the Criminal Act.