The judgment of the court below is reversed.

The defendant is punished by imprisonment with prison labor for a maximum of six months for the first and third crimes in the judgment of the court below.

【Judgment on Grounds for Appeal】

1. The summary of the grounds for appeal is too unreasonable that the lower court’s punishment (the maximum of 6 months of imprisonment with prison labor for a short-term of 6 months, 1-B, 2 and 4 crimes as indicated in the holding of the lower court) against the accused is too unreasonable.

2. Determination

A. We examine ex officio the grounds for appeal as to the part concerning the first-B, second- and fourth crimes in the judgment of the court below prior to the judgment on the grounds for appeal.

Where concurrent crimes prescribed by the latter part of Article 37 of the Criminal Act before a judgment of the first instance was rendered after the judgment of the appellate court was rendered and a final and conclusive judgment to sentence punishment was rendered pursuant to Article 39(1) of the Criminal Act, the appellate court shall ex officio reverse the judgment of the first instance and

(2) According to the records, the Defendant was sentenced to imprisonment with prison labor for a maximum of ten months and a maximum of eight months for a special larceny committed on October 13, 2013 at the Suwon District Court on November 13, 2013 (see, e.g., Supreme Court Decision 2010Do15253, Feb. 6, 201); however, the appeal was dismissed on February 6, 2013 (see, e.g., Supreme Court Decisions 2014Do2856, Apr. 7, 2014; 2012Do9295, Sept. 27, 2012). Thus, the Defendant is in a concurrent relationship between the crime of Article 1-2 and the latter part of Article 37 of the Criminal Act.

Therefore, the punishment shall be determined in consideration of equity in the case where a judgment is rendered at the same time in accordance with Article 39(1) of the Criminal Act by reversal ex officio. In this regard, among the judgment below, the parts of the crimes of No. 1-B, No. 2, and No. 4 of the

B. The Defendant, leading to the determination of the grounds for appeal of the part 1 and the part 3 of the judgment of the court below, stolen the mobile phone of the mobile phone sales store or removed cash by using the tools that used in advance preparation for the crime.