The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

A. The sentence of the lower court (two months of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. Reviewing the reasoning for appeal ex officio prior to the judgment on the ground for appeal ex officio, the record reveals that the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Jeonju District Court on June 29, 2018 and a fine of KRW 1,00,000 on December 7, 2018.

Therefore, since the crime of the above crime and the crime of the judgment of the court below which became final and conclusive prior to the final and conclusive judgment are concurrent crimes under the latter part of Article 37 of the Criminal Act, the case of concurrent crimes under Article 39(1) of the Criminal Act and equality are considered, the judgment of the court below is no longer maintained.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 and the prosecutor's allegation of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

【The reasoning of the judgment of the court below in light of the facts constituting a crime and the summary of evidence admitted by the court below is that the defendant added to the facts constituting a crime of the court below and the summary of the evidence as stated in the judgment of the court below in addition to "the above judgment became final and conclusive on December 7, 2018 after being sentenced to imprisonment with prison labor of one year and six months and a fine of 1,00,000,000 won for larceny, etc. at the Jeonju District Court on June 29, 2018." On the summary of the evidence of the judgment of the court below, the above judgment was stated on December 1, 2018.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

1. The Criminal Act among concurrent crimes.