The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

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

2. According to the records of ex officio determination, the Defendant was sentenced to four months of imprisonment with prison labor for larceny, etc. from the Seoul Southern District Court (No. 2017 High Court Decision 2296) to June 20, 2018, and the judgment became final and conclusive on February 27, 2019. As such, the Defendant’s crime in the judgment of the court below against the Defendant is in the relation of the latter concurrent crimes of larceny, etc. under Article 37 of the Criminal Act, which became final and conclusive, and should be sentenced in consideration of equity and the case of concurrent crimes under Article 39(1) of the Criminal Act

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, and the following is again decided after pleading.

[Attachment, the reasoning of the judgment of the court below is that the summary of the criminal facts and evidence recognized by the court below and the summary of the evidence are as follows. The judgment of the court below is as follows: "In addition, the defendant was sentenced to four months of imprisonment with prison labor for larceny, etc. at the Seoul Southern District Court on June 20, 2018, and the above judgment became final and conclusive on February 27, 2019." The summary of evidence "the summary of evidence" is as follows: "296 of the Seoul Southern Southern District Court Act No. 2017Kadan2296 of the evidence record (a repeated confirmation of the suspect and the confirmation of the case at present), attached to the investigation report (the confirmation of repeated crime and the confirmation of the case at present), and it is identical to the corresponding column of the judgment of the court below except for the addition of "two copies of the indictment" and "two copies of the trial progress" as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 319(1) of the Criminal Act, Article 260(1) of the Criminal Act and Article 260 of the Criminal Act, the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;