The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a maximum term of eight months or less and a short term of six months.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for a maximum of ten months and short of eight months) of the lower court is unreasonable.

2. We examine ex officio determination. According to the records, the defendant was sentenced on May 23, 2013 to a subordinate branch of the Daegu District Court for special larceny, etc. on the following grounds: (a) on October 29, 2013, on which the above judgment became final and conclusive on October 29, 2013. As such, the criminal facts for which the judgment became final and the crime of this case constitute concurrent crimes under the latter part of Article 37 of the Criminal Act, and the crime of this case must be sentenced in consideration of equity and the concurrent crimes under Article 39(1) of the Criminal Act, so the judgment of the court below is no longer maintained.

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

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows. "The defendant appealed from the Daegu District Court on April 4, 2013 by being sentenced to a maximum of two years to imprisonment with prison labor for special robbery, etc., and a short of one year and six months, and is still pending in the Daegu High Court at present at the Daegu High Court at present," among the facts charged in the judgment below, "the defendant was sentenced to a maximum of two years to imprisonment with prison labor for special robbery, etc. on May 23, 2013 and a short of one year and six months on October 29, 2013 and the above judgment became final and conclusive on October 29, 2013," and the summary of the evidence in the summary of the evidence.

1. Previous convictions in the judgment: References to criminal records and investigation reports (the confirmation of the fixed date, etc. of the judgment that became final and conclusive after the commission of criminal records) are the same as the corresponding columns of the judgment of the court below, and they are quoted as they are in accordance

Application of Statutes

1. Relevant Article 352 of the Criminal Act, Articles 352 and 350 (1) of the Criminal Act (the point of attempted crime) concerning criminal facts, and the Criminal Act;