The judgment of the court below is reversed.

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

1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.

2. Examining the record of this case’s ex officio determination, the Defendant was sentenced to eight months of imprisonment with prison labor for special larceny at the Incheon District Court on October 2, 2014 and the judgment became final and conclusive on October 16, 2014.

The above special larceny and the crime of this case, for which a judgment has become final and conclusive, shall be determined by taking account of equity in the case where a judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act. Therefore, the lower court’s

3. Therefore, 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, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are as follows: "The defendant was sentenced to eight months of imprisonment with prison labor for special larceny at the Incheon District Court on October 2, 2014, and that judgment became final and conclusive on October 16, 2014" in front of the facts charged of the judgment of the court below, except for addition of "1. summary of the summary of the evidence" to "1. As stated in each corresponding column of the judgment of the court below, the summary of the facts charged by this court and the summary of the evidence is as stated in each corresponding column of the court below."

Application of Statutes

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

1. In full view of the reasons for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act, all the sentencing conditions shown in the records and arguments of this case, and the fact that the defendant had the same criminal records and losses have not been recovered, the punishment shall be determined as set forth in the text.