The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The sentence of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.

2. On March 26, 2020, the defendant was sentenced to two years by the Jeju District Court to imprisonment with prison labor for night buildings, intrusion of buildings, theft, etc. on March 26, 202, and the judgment became final and conclusive on April 3, 2020 is significant in this court.

Therefore, since the crime of each judgment of the court below against the defendant and the above night building intrusion larceny, etc., which became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment for each crime shall be sentenced in consideration of equity in the case where the judgment is to be rendered at the same time in accordance with the main sentence of Article 39(1) of the Criminal Act, the judgment

3. If so, the judgment of the court below is reversed in accordance with Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant's above assertion of unfair sentencing, on the ground that there is a ground for ex officio reversal as seen above, and it is again decided as follows.

【The reasons for the judgment of multiple times】 The facts constituting the crime and the summary of the evidence recognized by the court of this Court are as follows: the first instance of the judgment of the court below, following the second page 2 of the judgment of the court below, adding "the defendant was sentenced to two years of imprisonment with prison labor at the Jeju District Court on March 26, 2020 due to night-time building intrusion and larceny, etc. and the judgment became final and conclusive on April 3, 2020." The phrase "act to the victim" in the third page 18-19 of the judgment of the court below is deemed to read "act to the victim," and the summary of the evidence in the judgment of the court below is as stated in each corresponding column except that "the criminal records of the court of first instance: personal records, and significant facts to this court" are as stated in the judgment of the court below. Thus, it is cited as it is in accordance with

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 37 and the former part of Article 39(1) of the Criminal Act dealing with concurrent crimes: