The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Nos. 1 to 5 of seized evidence shall be charged to the defendant.

1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (two years of imprisonment, confiscation) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

According to the records, on February 18, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for larceny at the Seoul Western District Court on April 1, 2016, and two months of imprisonment with prison labor at the Seoul Western District Court on August 21, 2016, and on August 201, 2016, the Seoul Western District Court recognized that the execution of the sentence has been completed (the investigation report (the confirmation report on the criminal records of the Defendant A), judgment, summary order, details of acceptance information, investigation records, page 15743-234 of the 2018 type No. 1574 of the 2018 type No. 234 of the investigation records). Even in the case of the crime of bodily injury among the facts charged in the instant case, it is clear that the date and time of the crime falls within the period of three years after the execution of the sentence was terminated.

Therefore, despite the fact that the defendant committed the above injury during the period of repeated crime, the court below sentenced the defendant to a two-year sentence without aggravated aggravation of repeated crime under Article 35 of the Criminal Act.

Therefore, the lower judgment erred by misapprehending the legal doctrine on aggravated repeated crimes, thereby adversely affecting the conclusion of the judgment.

On the other hand, since the above injury crime and the remaining crimes are concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below should be reversed in its entirety.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the judgment below is reversed, and it is again decided as follows.

[Judgment] The summary of criminal facts and evidence admitted by the court and the summary of the evidence are as follows: (a) six months of imprisonment with prison labor for larceny at the Seoul Western District Court on February 18, 2016; and (b) two months of imprisonment with prison labor for larceny at the Seoul Western District Court on April 1, 2016, respectively.