The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

1. The summary of the grounds for appeal (one year of imprisonment with prison labor for six months and one year of suspended execution) declared by the court below is too unreasonable in light of the fact that the defendant is able to live honestly and in the future, the benefits acquired by the crime of this case are not significant, and there is no record of punishment for the same kind of crime.

2. Prior to the judgment on the grounds for appeal by the Defendant, the records of this case revealed that the Defendant, at the Seoul Southern District Court on December 8, 2014, sentenced one year of suspended sentence to four months of imprisonment for the crime of acquiring stolen goods, and recognized the fact that the above judgment became final and conclusive on the 16th of the same month. As such, the crime for which the judgment became final and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the crime of this case are determined by the sentence after examining whether to reduce or exempt the sentence, taking into account equity with the case where the judgment is rendered at the same time, pursuant to Article 39(1) of the Criminal Act. Thus

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the judgment below is again decided as follows.

[Dao-written judgment] The summary of the criminal facts and evidence of the defendant recognized by this court is the first head of the judgment of the court below, and the criminal facts of the court below are cited as they are in accordance with Article 369 of the Criminal Procedure Act, except for adding "the defendant is a person who has been sentenced to a stay of execution for four months in imprisonment with prison labor at the Seoul Southern District Court on December 8, 2014, and the above judgment has become final and conclusive on the 16th day of the same month," and "the last day in the order of the summary of the evidence" as stated in the corresponding column of the court below.

Application of Statutes

1. Relevant Article 362 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The Criminal Act dealing with concurrent crimes.