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 gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.

2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.

According to the evidence duly adopted and examined by the trial court, the defendant was sentenced to imprisonment with prison labor for special larceny in the Suwon District Court on July 19, 2017 and on December 28, 2017, and the above judgment became final and conclusive on December 28, 2017.

Therefore, in the above special larceny and each of the crimes in the judgment of the court below against the defendant, for which the judgment of the court below became final and conclusive, should be sentenced to punishment for each crime in consideration of the equity between the cases where the judgment is to be rendered at the same time in accordance with Article 39(1) of the Criminal Act, since the judgment of the court below cannot be maintained.

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 improper assertion of sentencing, and the judgment of the court below is reversed and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the facts constituting an offense in the judgment of the court below [criminal records], which was sentenced on July 19, 2017 from Lwon District Court Sejong District Court's Housing Site on July 19, 2017 and currently pending in the Supreme Court's appeal.

The part “” was sentenced to the punishment of one year and six months for special larceny in Suwon District Court on July 19, 2017, and the said judgment became final and conclusive on December 28, 2017.

In addition to the addition of “before the judgment of the court below” in the main text of the evidence “1. Before the judgment,” it is identical to the corresponding column of the judgment of the court below. As such, it shall be quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 319 of the Criminal Act, Articles 319 (1) and 329 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. To treat concurrent crimes;