The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. As to the summary of the reasons for appeal (unfair sentencing) by the lower court, the Defendant asserts that the Defendant is too unfasible, and that the prosecutor is too unfasible and unfair.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal. The part of the charge that “the appeal shall continue to be held in the appellate court on August 31, 2016 after having been sentenced to ten months of imprisonment with prison labor by larceny, etc. by the same court on August 31, 2016,” among the records of the offense in the charge at issue, is changed to “the same court on August 31, 2016, which was sentenced to ten months of imprisonment with prison labor by larceny, etc. and its judgment became final and conclusive on January 5, 2017,” and the applicable legal provision of Article 39, “Article 39(1) of the Criminal Act,” which was amended by this court, and thus, the judgment below was no longer maintained.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the two parties' unfair claims for sentencing, and the judgment below is reversed, and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by this court is that the first head of the original judgment’s criminal history is stated as follows: “The Defendant was sentenced to ten months of imprisonment with prison labor by larceny, etc. from the former District Court on August 31, 2016 and the judgment became final and conclusive on January 5, 2017.” Except for adding “1. summary information inquiry of the instant case and each written judgment” to the end of the evidence column, and thus, it is identical to the entry in each corresponding column of the original judgment under Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act and Article 329 of the Criminal Act (absurd point, a choice of imprisonment, or a punishment) concerning facts constituting an offense, and Article 330 of the Criminal Act (a thief for intrusion on night buildings);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;