The judgment of the court below is reversed.

The punishment of the accused shall be set forth in six months.

The seized ELDD Co., Ltd. shall take place outside the air conditioner.

1. The reasoning of the appeal is that of the lower court.

2. We examine ex officio the prosecutor’s decision on the grounds of unfair appeal for sentencing.

According to the records, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. from the Cheongju District Court’s Chungcheong Branch on February 18, 2016, which was following the sentence of the lower judgment, and the judgment became final and conclusive on May 20, 2016.

The crime of the judgment of the court below against the defendant and larceny for which the judgment of the court below became final and conclusive are concurrent crimes of the latter part of Article 37 of the Criminal

This court is obliged to reverse the judgment of the court below on the ground that the punishment is to be determined in consideration of equity in the case where the judgment is to be rendered simultaneously in accordance with Article 39(1) of the Criminal Act.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the prosecutor, and the judgment of the court below is reversed, and it is again decided as follows.

Criminal facts

The summary of the crime and evidence against the defendant recognized by this court was sentenced to imprisonment with prison labor for larceny, etc. on February 18, 2016 and the judgment on May 20, 2016 became final and conclusive on May 20.

Except for the addition of “,” it is identical to each corresponding column of the lower judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act; Articles 329 and 319 (1) of the Criminal Act; the choice of imprisonment for a crime;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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. The reason for sentencing of Article 333(1) of the Return Criminal Procedure Act / [the scope of recommendations] / the reason for sentencing of Article 333(1) of the Criminal Procedure Act / [the scope of punishment / the theft against general property 4 types (in four months or one year or six months) / [the person with special mitigation / [the person with special mitigation ] intrudes into places other than living type, indoor residential space, the method of dealing with single concurrent crimes after Article 37 of the Criminal Act in the sentencing guidelines.