The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the period of one year from the date this judgment becomes final and conclusive.

1. In light of the fact that the defendant's appellate brief (unfair sentencing) reflects the defendant's error, the court below's sentence that sentenced one year of suspended sentence for four months of imprisonment is too unreasonable.

2. We examine ex officio the reasons for ex officio appeal prior to the judgment.

According to the records, on June 12, 2015, the defendant appealeded on three years and six months from imprisonment with prison labor for the crime of robbery and the violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.), theft, and attempted to use a motor vehicle. The Seoul High Court dismissed the appeal on December 11, 2015 on the part concerning larceny and attempted to use a motor vehicle, and sentenced the robbery to three years and six months from imprisonment with prison labor for the crime of robbery and special assault (a collective deadly weapon, etc.) by destroying the part concerning the crime of robbery and the violation of the Punishment of Violences, etc. Act (a collective weapon, etc.). The above judgment becomes final and conclusive on December 19, 2015.

In this regard, the crime of robbery, special assault and the crime of injury in this case for which judgment has become final and conclusive is related to a concurrent crime after Article 37 of the Criminal Act, and after considering equity with the case to be judged at the same time in accordance with Article 39(1) of the Criminal Act and examining whether to reduce or exempt punishment, the court below did not take such measures. In this regard, the judgment of the court below cannot be maintained any longer.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the criminal facts and evidence of the defendant are as follows: "Defendant B is serving in the appellate trial after having been sentenced to three years and six months and four months of imprisonment with prison labor for robbery at the Suwon Friwon on June 12, 2015 and is serving in the appellate trial after having been sentenced to robbery at the Suwon Friwon on June 12, 2015."