The judgment of the court below is reversed.

The defendant shall be exempted from punishment.

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. According to the records of ex officio judgment, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny, etc. at the Seoul Western District Court on July 8, 2020, and the above judgment became final and conclusive on September 25, 2020.

Since the crime of larceny and other concurrent crimes in the latter part of Article 37 of the Criminal Act, in which the judgment of the court below became final and conclusive, the sentence should be imposed in consideration of equity in the case where the judgment is rendered at the same time in accordance with the main sentence of Article 39 (1) of the Criminal Act, the judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed and it is again decided as follows.

[Majority Opinion] The summary of facts constituting a crime and evidence admitted by this Court is a summary of the facts constituting a crime and evidence, and “criminal facts” in the first head was sentenced to one year of imprisonment with prison labor for special larceny, etc. at the Seoul Western District Court on July 8, 2020, and the above judgment was finalized on September 25, 2020.

“A summary of evidence” is as stated in the column of “1. Before the judgment: A criminal investigation report (the confirmation report of the case during the trial against the suspect), a report on the result of confirmation of the previous conviction before the disposition, the text of the judgment, etc., and the summary information inquiry of the ICS case (2020 order 827)” are as stated in each corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The latter part of Article 39(1) of the Criminal Act exempted from punishment (the background and amount of damage of the instant crime, the fact that the Defendant recognized the mistake and reflects it, and the equity between the case where the said special larceny, etc. becomes final and conclusive.