The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

1. The sentencing of the lower court (one year and four months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. According to the records of this case’s judgment ex officio, the Defendant was sentenced to eight months of imprisonment with prison labor for special larceny at the Seoul Northern District Court on May 20, 2016, and the judgment became final and conclusive on July 29, 2016. Each of the instant offenses against the Defendant is both special larceny for which the judgment became final and conclusive, and all of the offenses against the Defendant are concurrent crimes with the latter after Article 37 of the Criminal Act, and is determined by taking into account the equity between the case where the judgment is to be rendered at the same time in accordance with the main sentence of Article 39(1) of the Criminal Act. Therefore, the judgment of the court below cannot

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 unfair argument of sentencing, and the following is again decided after pleading.

[Grounds for the judgment in Seoul Northern District Court on May 20, 2016 and the judgment on July 29, 2016 became final and conclusive on July 29, 2016, by being sentenced to eight months for special larceny in the first head of the crime in the judgment of the court below.

In addition, “other than adding” is the same as the corresponding column of the lower judgment, and thus, this is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 331(2), Article 331(1) (special larceny), Article 284, Article 283(1) (special intimidation) of the Criminal Act concerning the crime, Article 2(2)1 of the Punishment of Violences, etc. Act, Article 319(1) of the Criminal Act concerning the crime (special larceny), Article 331(2), Article 334, Article 283(1) (special intimidation, choice of imprisonment), Article 319(1) of the Criminal Act;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;