The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. Summary of grounds for appeal;

A. On June 13, 2017, at the time of committing a special larceny, the Defendant was in a state of mental and physical weakness by drinking alcohol.

B. The sentence of the lower court’s unfair sentencing (two years of imprisonment) is too unreasonable.

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

On July 24, 2017, the Defendant was sentenced to 10 months of imprisonment with prison labor for property damage, etc. at the Suwon Friwon, and the judgment became final and conclusive on September 23, 2017 of the same year. As such, the crime of the crime and the crime of the judgment in the lower court against the above Defendant, which became final and conclusive on September 23, 2017, in relation to a group of concurrent crimes after Article 37 of the Criminal Act, should be sentenced to punishment for the crime in consideration of equity with the case where the judgment is concurrently rendered pursuant to the main sentence of Article 39(1) of the Criminal Act. In this regard

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act on the grounds that the judgment of the court below is reversed ex officio as seen above, and it is again decided as follows after pleading.

[Re-written judgment] The criminal facts and summary of evidence acknowledged by this court and the summary of evidence were sentenced to imprisonment with prison labor for property damage, etc. on July 24, 2017 between the 16 criminal records and the 17 criminal records of the court of first instance. The above judgment became final and conclusive on September 23, 2017.

Except for the addition of “,” it is identical to each corresponding column of each judgment of the court below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 331 (1) of the Criminal Act (the point of special larceny), Article 366 of the Criminal Act (the point of destroying property, the choice of imprisonment with prison labor), Article 329 of the Criminal Act (the intention of Section 1 and the choice of imprisonment with prison labor);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act to increase concurrent crimes.