The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable, for six months of imprisonment imposed by the defendant.

2. On December 12, 2013, according to the records, the Defendant was sentenced to imprisonment for 9 months by this court on the grounds of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and the above judgment becomes final and conclusive on February 21, 2014. Since the instant crime was committed before the judgment becomes final and conclusive, the instant crime was committed before the judgment becomes final and conclusive, in relation to each of the above crimes and the latter part of Article 37 of the Criminal Act, a sentence should be determined after considering equity and the case where a judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act and examining whether to reduce or exempt

However, the judgment of the court below does not take into account this, and thus, it cannot avoid reversal in this respect.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as above, and the following decision is rendered through pleadings.

Criminal facts

The summary of the facts charged and the evidence admitted by this court are all criminal facts, except for adding "the defendant is a person who was sentenced to nine months by imprisonment with prison labor at the Suwon District Court on December 12, 2013 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) and the above judgment has become final and conclusive on February 21, 2014," and therefore, it is identical to the corresponding column in the judgment of the court below, thereby citing it as is in accordance with

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, and Articles 81 subparagraph 2 and 12 (1) of the Motor Vehicle Management Act that choose a penalty, and Article 329 of each Criminal Act;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. From among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are several times of larceny crimes.