The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The sentence imposed by the lower court (one year and two months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The defendant's grounds of appeal are examined ex officio.

According to the records, on June 29, 2017, the defendant was sentenced to a two-year suspended sentence of imprisonment for special larceny by the Daegu District Court for six months, and on July 7, 2017, the prosecutor and the defendant did not appeal all of them, and the above judgment became final and conclusive on July 7, 2017. Thus, the above special larceny and each of the crimes in the judgment of the court below shall be sentenced to punishment for the crimes in the judgment of the court below, taking into account the balance between the two crimes under Article 39 (1) of the Criminal Act and the concurrent crimes under Article 37 of the Criminal Act, and in this respect, the judgment of the court below cannot be maintained.

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 judgment of the court below is reversed, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts constituting a crime and the evidence acknowledged by the court, and the summary of the facts constituting a crime, as stated in the judgment below, were sentenced to imprisonment with prison labor for six months as a special larceny on June 29, 2017, and the judgment on July 7, 2017 became final and conclusive.

“A summary of evidence” is as stated in the corresponding column of the judgment of the court below, except for adding “a previous conviction in the judgment of 1.: output of summary information of the case, and a copy of the judgment of the court of first instance” to “a copy of the judgment of the court of first instance,” and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act, Article 366 of the Criminal Act, Article 314(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, the choice of imprisonment for the crime

1. After Article 37 of the Criminal Code dealing with concurrent crimes, Article 39.