The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (six months of imprisonment) is too unreasonable.

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

According to the evidence duly adopted and examined by this court, the defendant was sentenced to six months of imprisonment by the Busan District Court for larceny, etc. on July 9, 2020 and the judgment became final and conclusive on July 17, 2020.

Since each crime of the judgment of the court below and the above larceny, etc. for which judgment of the court below became final, in relation to concurrent crimes by a group after Article 37 of the Criminal Act, punishment for the crime of the court below shall be sentenced in consideration of equity in the case where the judgment is concurrently rendered pursuant to Article 39 (1)

In this respect, the judgment of the court below cannot be maintained as it is.

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 improper assertion of sentencing, on the grounds that there are grounds for reversal ex officio as above, and the judgment below is reversed, and it is again decided as follows.

【The reasoning of the judgment in its entirety 【The facts constituting the crime and the summary of the evidence admitted by the court below and the summary of the evidence are cited in the first head of the crime of the judgment of the court below, except for adding “The defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. at the Busan District Court on July 9, 2020 and the judgment became final and conclusive on July 17, 2020,” as stated in each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 369 of the Criminal

Application of Statutes

1. Relevant Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, Article 347 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Act on Financial Business Specializing in Credit, and each choice of imprisonment with prison labor, respectively;

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

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. The former part of Article 37 of the Criminal Code, and Article 38(1)2 of the Criminal Code.