The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. Summary of grounds for appeal;

A. The court below erred by misapprehending the legal principles as to repeated crime even though the defendant did not constitute a repeated crime.

B. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

2. As to the assertion of misapprehension of the legal doctrine, repeated crime under Article 35 of the Criminal Act refers to “a person who commits a crime heavier than imprisonment without prison labor within three years after having been sentenced to imprisonment without prison labor or heavier punishment.”

The court below ex officio applied Article 35 of the Criminal Act to the defendant for repeated crime.

However, according to the records, the defendant was sentenced to imprisonment with prison labor or heavier punishment prior to the crime of this case on September 30, 2003 and was sentenced to three years of imprisonment due to a violation of the Punishment of Violences, etc. Act on September 30, 2003. The defendant decided on November 28, 2003 and completed the execution of imprisonment on April 3, 2006.

Since it is apparent that the Defendant committed the instant crime after three years have passed since the execution of the above imprisonment was completed, it does not constitute a repeated crime.

Nevertheless, the court below erred by misapprehending the legal principles as to repeated offenses, which affected the conclusion of the judgment.

The judgment of the court below can no longer be maintained without examining the defendant's assertion of unfair sentencing.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the facts and evidence against the defendant recognized by this court is identical to those stated in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 352 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. The latter part of Article 37 and Article 39 of the Criminal Code to treat concurrent crimes.