The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The judgment of the court below which sentenced suspension of execution with respect to a crime during the period of repeated crime is erroneous in the misapprehension of legal principles.

2. The proviso of Article 62(1) of the Criminal Act provides that “Where a sentence is imposed on a crime committed during a period of three years from the time a judgment sentencing imprisonment without prison labor or heavier punishment was final and conclusive, and the execution of the sentence is completed or exempted, the crime is subject to grounds for disqualification from suspension of execution.”

According to the records, it is recognized that the Defendant was released on November 30, 2015, when he/she was sentenced to ten months of imprisonment with prison labor for special larceny, etc. at the District Court on May 8, 2015, and the parole period has elapsed on January 15, 2016, and the Defendant committed the crime in the lower judgment from July 10, 2017 to July 15, 2017, which is three years after the expiration of the parole period.

Therefore, since the defendant's crime in the judgment of the court below constitutes a case where a suspended sentence cannot be imposed, the judgment below which sentenced the suspended sentence to the defendant is erroneous in the misapprehension of legal principles,

The prosecutor's argument is with merit.

3. In conclusion, the prosecutor's appeal of this case is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 331(2) and (1) (a) of the Criminal Act in relation to the facts constituting an offense in question, Articles 342, 331(2), and 331(2) and (1) (a) of the Criminal Act;

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

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;

1. Articles 53 and 55(1)3 of the Criminal Act (i.e., the defendant reflects the amount of damage and the amount of damage is relatively minor).