The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a period of two months.

1. The sentence imposed by the court below (three months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the Defendant’s statement at the court of first instance reveals that the Defendant was sentenced to 8 months of imprisonment on July 10, 2017 at the Busan District Court Branch of Busan District Court due to the theft of intrusion on a structure at night, etc., and the judgment became final and conclusive on December 22, 2017. As above, the crime of intrusion on a night structure, larceny, etc., for which the judgment became final and conclusive, is concurrent crimes under Article 39(1) of the Criminal Act, and the crime of this case is concurrent crimes after Article 37 of the Criminal Act, and the punishment for the crime of this case is determined at the same time in consideration of the case and equity. In this regard, the lower judgment was unable to be maintained.

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

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is the first head of the lower judgment’s criminal history, and the judgment was finalized on December 22, 2017, when the Defendant was sentenced to imprisonment with prison labor for not more than eight months for the following reasons: “The Defendant was sentenced to imprisonment with prison labor on July 10, 2017 in the Busan District Court Branch of the Busan District Court for the purpose of intrusion of structures at night

“A previous conviction in the judgment of the court below” is the same as the corresponding column of the judgment of the court below, except for adding “a prior conviction in the judgment of the court below” in the space where the evidence is used. As such, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

1. The latter part of Article 37 of the Criminal Code to deal with concurrent crimes: Provided, That in light of the type of the crime of this case and the method of the punishment in the first sentence of Article 39(1), the liability for the crime of this case is not less exceptionally, and the defendant is punished by a fine for the same kind of crime several times.