The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The decision of the court below on the gist of the grounds for appeal (two months of imprisonment and two years of suspended execution) is too unfluent and unfair.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant for an ex officio judgment, and where a sentence is to be pronounced, the facts constituting an offense, gist of evidence and application of Acts and subordinate statutes shall be clearly stated in the grounds for appeal;

(Article 323(1) of the Criminal Procedure Act. According to the evidence duly adopted and examined by the court below, the defendant was sentenced to imprisonment with prison labor on June 10, 202 with prison labor for night building intrusion and larceny at Busan District Court on June 10, 202, and the judgment on July 6, 2020 becomes final and conclusive.

However, the crime of this case is committed before the above judgment becomes final and conclusive, and the relation of concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of fraud, etc. for which judgment becomes final and conclusive, and the equality in the case of judgment shall be taken into account in accordance

Nevertheless, the lower court erred in violation of the above provision by omitting the evidence in the part of criminal facts, the part on the summary of evidence, and the part on the application of statutes, and thereby affecting the conclusion of the judgment. Therefore, the lower court’s judgment was no longer maintained in this regard.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, on the ground of the above reasons for reversal of authority, and it is again decided as follows.

[Dao-written judgment] The criminal facts against the defendant recognized by the court and the summary of the evidence and the summary of the evidence are the first head of the criminal facts of the judgment of the court below, sentenced on June 10, 202 to imprisonment with prison labor of one year and four months for night building intrusion and larceny at the Busan District Court on June 10, 202, and the judgment became final and conclusive on July 6, 2020, and "1. The defendant's trial at the end of the evidence."