The judgment of the court below is reversed.

The defendant shall be punished by imprisonment with prison labor for not more than two months and the remainder.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too unreasonable.

2. Reviewing the reasoning for appeal ex officio prior to the judgment on the grounds for appeal of ex officio, the following facts are revealed: (a) the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. at the Changwon District Court on April 17, 2019; and (b) the judgment becomes final and conclusive on May 7, 2019; (c) since special larceny, etc. and the crime of intrusion on a structure and attempted larceny (the crime committed at the end of June 2018) are concurrent crimes under the latter part of Article 37 of the Criminal Act, a separate sentence should be imposed pursuant to Article 39(1) of the Criminal Act; and (d) the judgment of the court below that did not take such measures even if equity is considered with the case where the judgment becomes final and conclusive simultaneously with the case where the judgment was rendered.

(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 assertion of unfair sentencing, and the judgment below is reversed in accordance with Article 364(2) and it is again decided as follows.

【The reasoning of the judgment rendered in multiple times】 The summary of the facts constituting a crime and evidence admitted by this court is that “the defendant was sentenced by the Changwon District Court on April 17, 2019 to imprisonment with prison labor for special larceny, etc. on September 25, 2019 and completed the execution of the sentence on September 25, 2019” is that “the defendant was sentenced by the Changwon District Court on April 17, 2019 to imprisonment with prison labor for special larceny, etc. on May 7, 2019 and the judgment became final and conclusive on May 7, 2019, and the execution of the sentence was completed at the Changwon District Court on September 25, 2019.”