The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a period of two months.

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., two months of imprisonment) is too unreasonable.

2. According to the records of this case’s judgment ex officio, the Defendant was sentenced to eight months of imprisonment with prison labor for special larceny, etc. at the Seoul Southern District Court on September 26, 2019 and the above judgment became final and conclusive on December 27, 2019. The crime of the lower court’s judgment and each of the above crimes against the Defendant, for which the judgment became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and are determined by taking account of equity with the case to be adjudicated at the same time under Article 39(1) of the Criminal

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

[C] The summary of facts constituting a crime and evidence admitted by this court is [criminal records] in the judgment of the court below, which added "the defendant was sentenced to eight months of imprisonment with prison labor for special larceny, etc. at the Seoul Southern District Court on September 26, 2019 and the above judgment became final and conclusive on December 27, 2019" to the summary of the evidence, and except for adding "1. Judgment Division: the detailed inquiry of the case and two copies of the judgment of the court" to the summary of the evidence, it is identical to the corresponding column of the judgment of the court below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act that the defendant reflects his criminal act, the theft goods are returned to the victim, and the crime of this case is in the relation of special larceny, etc. as stated in the judgment of the court and the latter part of Article 37 of the Criminal Act with the concurrent crimes, and the principle of equity in the case of punishment should be taken into account.