The judgment of the court below is reversed.

The defendant shall be punished by imprisonment with prison labor for the crime No. 1 of the decision of the court below, and the crime No. 2 of the decision of the court below.

1. The sentence of the lower court (ten months of imprisonment and two years of suspended execution) is too unfeasible in light of the following: (a) the summary of the grounds for appeal (unfair sentencing) is inferior and the Defendant is not against the law; and (b) the Defendant is not against the law.

2. Before determining the grounds for appeal by the prosecutor ex officio, the records of this case show that the defendant was sentenced to imprisonment with prison labor for ten months at the Incheon District Court on June 29, 2012 or for two years of suspended execution (Seoul District Court 2012No. 1323), and that the judgment became final and conclusive on September 22, 2012; on June 16, 2016, the court was sentenced to imprisonment with prison labor for one year and six months on August 16, 2016 (this Court 2015No. 1741), and that the judgment became final and conclusive on August 16, 2016. Accordingly, the crime No. 1 of the judgment of the court below is a concurrent crime between the above crime which was final and conclusive on September 22, 2012 and Article 37 of the Criminal Act, and Article 27 of the Criminal Act is a concurrent crime between the above crime and Article 37 of the Criminal Act after the final and conclusive judgment of the court below.

Therefore, after examining whether to concurrently render a judgment under Article 39(1) of the Criminal Act and whether to reduce or exempt punishment, the court below erred by imposing two separate punishments on crimes No. 1 and crimes No. 2 in the judgment of the court below, even though the court below imposed two separate punishments on the order, since the court below erred by imposing one punishment by excessive punishment. In this regard, the judgment of the court below cannot be maintained any more.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and the following judgment is delivered after pleading.

【Grounds for a new judgment of this Court】 The criminal facts acknowledged by this Court constitute a crime are sentenced to a suspended sentence of two years for a period of ten months, who is sentenced to imprisonment with prison labor for a crime without prison labor at the Incheon District Court on June 29, 2012.