The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The sentence (six months of imprisonment) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, according to the statement made by the Defendant at the court of first instance on February 6, 2017, the Defendant was sentenced to one and half years of imprisonment with prison labor and a fine of three hundred thousand won at the Busan District Court for special larceny, etc. on May 5, 2017, and the judgment became final and conclusive on May 5, 2017. As above, each of the crimes of this case, such as special larceny, for which the judgment became final and conclusive, is in the concurrent relationship between the latter part of Article 37 of the Criminal Act and the latter part of Article 39(1) of the Criminal Act, and the punishment for each of the crimes of this case is determined at the same time in consideration of equity, so in this regard, the judgment of the lower

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and the following is again decided after pleading.

Criminal facts

The substance of the facts charged and the summary of the evidence admitted by this court is the first head of the judgment of the court below, and the judgment of May 5, 2017 became final and conclusive on February 6, 2017, when the defendant was sentenced to imprisonment of one and half years with prison labor for special larceny, etc. at the Busan District Court on February 6, 2017 and a fine of three hundred thousand won.

“A previous conviction in the judgment of the court below” is the same as the corresponding column of the judgment of the court below, except for adding “a prior conviction in the judgment of the court below” in the space where the evidence is used. As such, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 331(2) and 331(1) of the Criminal Act (the point of special larceny), Articles 342, 331(2) and 331(1) of the Criminal Act (the point of attempted special larceny) of the Criminal Act, and Articles 347(1) and 30 of the Criminal Act (the point of fraud and the choice of imprisonment) of the Criminal Act;

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. The aggravated Criminal Act for concurrent crimes.