The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months of imprisonment) is too unreasonable.

2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the record reveals that the Defendant was sentenced to imprisonment with prison labor for special larceny at the Daejeon District Court on August 22, 2018, and the said judgment became final and conclusive on August 30, 2018.

Therefore, the above special larceny, which was established prior to the final and conclusive judgment, is a concurrent crime by Article 37 of the Criminal Act and Article 37 of the Criminal Act, and the application of Article 39(1) is necessary. Thus, the lower court’s judgment is no longer able to maintain it.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows through pleading.

【The first head of the lower judgment’s criminal facts and the summary of the evidence that the lower court considered was guilty. The first head of the lower court’s criminal facts was sentenced to six months of imprisonment with prison labor for special larceny at the Daejeon District Court on August 22, 2018, and the said judgment was finalized on August 30, 2018.

In addition, “other than adding” is the same as the corresponding column of the lower judgment, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 342, 331 (2) and 331 (1) of the Criminal Act concerning the facts constituting an offense;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That the proviso to 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act ( Taking into account the following favorable circumstances) is that the Defendant repeatedly commits the instant crime even though he/she had been sentenced one time to a fine for the same thief crime, and the frequency of the crimes.