The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The sentence of the lower court (six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. We examine ex officio prior to the determination of the ex officio determination of sentencing.

According to the records, on February 17, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for an attempted special larceny in the Daejeon District Court's Support, and the judgment became final and conclusive on February 25, 2016.

As above, the Defendant’s crime of this case and the attempts of special larceny for which a judgment became final and conclusive, are in the concurrent crimes relationship with the latter part of Article 37 of the Criminal Act, and after examining whether to reduce or exempt the punishment in consideration of equity in cases where the sentence is concurrently determined pursuant to Article 39(1) of the Criminal Act.

Therefore, the judgment of the court below can no longer be maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: “The Defendant was sentenced to six months of imprisonment for an attempted special larceny at the Daejeon District Court’s Branch on February 17, 2016, and the judgment became final and conclusive on February 25, 2016,” and the summary of the evidence in the judgment of the court below is as follows: “The summary of the evidence in the judgment of the court below is the last” 1. In addition, except for addition of “A” as stated in each corresponding column of the judgment of the court below, since it is identical to the description of each corresponding column of the judgment of the court below, in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 342 and 331 (1) of the Criminal Act relating to the facts constituting an offense;

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

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. The latter part of Article 37 of the Criminal Act: Provided, That the crime of this case on the grounds of sentencing of Article 39(1) is punished in consideration of equity in cases where a judgment is rendered simultaneously with the attempts to larceny of the said special offense for which a final judgment became final and conclusive.