The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two months.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (4 months of imprisonment) is too unreasonable.

2. According to the records of ex officio determination, the Defendant was sentenced to one year to imprisonment with prison labor for larceny, etc. (the crime between July 4, 2015 and November 19, 2015) at the Daejeon District Court on March 11, 2016, and the said judgment became final and conclusive on March 19, 2016 (hereinafter “instant judgment”); and the Defendant was sentenced to two months of imprisonment with prison labor for larceny (the crime of December 22, 2015) at the Daejeon District Court on July 20, 2016 at the Daejeon District Court on July 20, 2016 and became final and conclusive on July 28, 2016 (hereinafter “second criminal conviction”); the Defendant committed the instant criminal act, which was found guilty before the first criminal conviction becomes final and conclusive; and the Defendant also committed the instant criminal act before the second criminal conviction becomes final and conclusive.

As above, since the first and second criminal records and the second criminal records, which became final and conclusive, could be judged at the same time, they are in the relationship of simple crimes after Article 37 of the Criminal Act, the punishment shall be determined after examining whether to reduce or exempt the punishment in consideration of equity and equity in cases where the judgment is to be rendered at the same time pursuant to Article 39(1) of the Criminal Act.

Therefore, the judgment of the court below which did not consider it is impossible to maintain it as it is.

3. 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 of the court below is reversed, and the following is again decided after pleading.

Criminal facts

On March 11, 2016, the first head of the crime committed in the judgment of the court below was sentenced to imprisonment with prison labor for larceny, etc. by the Daejeon District Court on March 19, 201, and the judgment became final and conclusive on the 19th of the same month.

“The Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at the Daejeon District Court on March 11, 2016, and the said judgment became final and conclusive on March 19, 2016. On July 20, 2016, the Defendant was sentenced to two months of imprisonment with prison labor for larceny at the Daejeon District Court on July 28, 2016.