The judgment of the court below is reversed.

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

30,000 won shall be additionally collected from the defendant.

1. The lower court’s punishment (10 months of imprisonment, additional collection 300,000 won) against the accused against the summary of the grounds for appeal is too unreasonable.

2. According to the evidence duly admitted and examined by the court below and the court below, the defendant was sentenced to one year of imprisonment with prison labor for special larceny and two years of suspension of execution on December 7, 2018 in Suwon District Court Sejong District Court, and the above judgment became final and conclusive on February 8, 2019. The crime in the judgment below and the above crime in the judgment of the court below against the defendant are concurrent crimes under the latter part of Article 37 of the Criminal Act, and should be sentenced to punishment for the crime in the judgment of the court below in consideration of equity in the case of concurrent crimes under the latter part of Article 39(1) of the Criminal Act.

In this regard, the prosecutor added to the facts charged in the indictment of this case against the defendant at the trial of the party, "the defendant was sentenced to one year of imprisonment with prison labor for special larceny at Sejong District Court Sejong District Court on December 7, 2018 and two years of suspended execution, and the above judgment became final and conclusive on February 8, 2019", and applied for permission to amend the indictment to add "the latter part of Article 37 and Article 39 (1) of the Criminal Act" to the applicable provisions of law, and this court permitted this.

In this respect, the judgment of the court below is no longer maintained.

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 it is again decided as follows.

Criminal facts

The summary of the facts and evidence admitted by this court is as follows; "criminal facts" is as follows: "The defendant was sentenced on December 7, 2018 to one year of imprisonment with prison labor and two years of suspension of execution with special larceny in the members of the Suwon District Court of Suwon District, which became final and conclusive on February 8, 2019"; and "a summary of evidence" in "a summary of the evidence" as stated in the judgment of 1.0: In addition, the court below added "a summary of the investigation report (Attachment of the final and conclusive judgment agreement supplementary meeting, etc.) and a copy of each judgment" as stated in the first head.