The judgment of the court below is reversed.

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

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

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court is too unreasonable.

2. According to the records of ex officio determination, the defendant can be recognized as having been sentenced to four months of imprisonment with prison labor for night building intrusion, larceny, etc. at the Seoul Northern District Court on June 2, 2015, and the above judgment became final and conclusive on June 9, 2015. The crime of the court below and each of the above crimes against the defendant for which the judgment of the court below became final and conclusive on June 9, 2015 are concurrent crimes under the latter part of Article 37 of the Criminal Act, and should be sentenced to punishment for each crime under the judgment of the court below in consideration of equity with the case where the judgment is to be rendered simultaneously.

3. In conclusion, 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 the following decision is made through oral argument.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as follows: "The defendant is a person on June 9, 2015, who was sentenced to four months of imprisonment with prison labor in the Seoul Northern District Court on June 2, 2015 due to night buildings intrusion and larceny, etc. and the above judgment has become final and conclusive on June 9, 2015" in the first sentence of the facts charged by the court below; and except for the addition of "1. criminal records: Seoul Northern District Court (Seoul Northern District Court 2015 High Court 1183)" in the sixth sentence of the summary of the evidence, it is identical to each corresponding column of the court below, and thus, it

Application of Statutes

1. Article 88 (1) 1 of the relevant Act on criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The fact that there is a serious offense of evading enlistment in the grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing), the defendant has been convicted of three times a fine due to a crime violating the Military Service Act, and the defendant is led to the confession of the defendant and the duty of military service.