The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Seized evidence No. 1 shall be confiscated.

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. Before determining the grounds for appeal ex officio, Article 35(1) of the Criminal Act provides that a person who commits a crime corresponding to imprisonment without prison labor or more within three years after having been sentenced to imprisonment without prison labor or more punishment is punished as a repeated crime. Article 35(2) of the Criminal Act provides that a repeated crime is subject to aggravated punishment up to twice the maximum term of the punishment specified for the crime.

However, on September 11, 2009, the Defendant was released on August 14, 2012, when he was sentenced to three years and six months as a crime of injury by robbery at the Incheon District Court Branch Branch, and was released on January 3, 2013, and the remaining term of imprisonment has expired on January 3, 2013 while he was serving in the Ansan Prison. The Defendant committed the instant crime corresponding to imprisonment without prison labor or more on April 5, 2014, which was three years thereafter, and should be subject to aggravation of repeated crime under Article 35 of the Criminal Act; however, the lower court erred by misapprehending the legal doctrine that did not aggravation of repeated crime, and thus, the lower court is no longer maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows through pleading.

[C] The summary of the facts constituting the crime and the summary of the evidence admitted by the court and the summary of the evidence are the facts constituting the crime, and the defendant is the person who was released on August 14, 2012 and was released on January 3, 2013 while serving in an Ansan prison for robbery in the Busan District Court Branch of Sep. 11, 2009, and was released on August 14, 2012, and for whom the remaining term of punishment has elapsed. The defendant added "a response to criminal records and other inquiries, and a criminal investigation report (a report on the same kind of records, such as a repeated offense)" as stated in each corresponding column of the judgment of the court below, and thus, the Criminal Procedure Act is the same.