The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for up to seven months.

1. Summary of grounds for appeal;

A. In light of the legal principles, the detention of the Defendant was revoked on March 4, 2018 due to the termination of the sentence of the appellate court on March 4, 2018, and the judgment of the court of final appeal became final and conclusive on March 29, 2018, and thus, it does not constitute a repeated offense as to each of the crimes of larceny and attempted larceny of this case.

Rather, since each of the larceny crimes of this case was committed before the above judgment becomes final and conclusive, the punishment should be determined by taking into account the case where judgment is rendered and equity.

Nevertheless, the judgment of the court below which did not apply the latter part of Article 37 of the Criminal Act to each of the larceny crimes in this case but added repeated crimes is erroneous in the misapprehension of legal principles.

B. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. The decision of dismissal of an appeal by the Supreme Court against misapprehension of legal principles is not allowed, barring any special circumstance, and the decision becomes final and conclusive when a certified copy of the decision is notified by means of being served under Article 42 of the Criminal Procedure Act (see, e.g., Supreme Court Decision 2011Do15914, Jan. 27, 2012). In light of the foregoing legal principles, the records of the instant case are examined: (a) the Defendant was sentenced to imprisonment with prison labor for six months at night at the Suwon District Court on Jan. 24, 2018; (b) the Defendant was released from a court of final and conclusive trial on Mar. 4, 2018; (c) the Supreme Court rendered a decision of dismissal of a final and conclusive judgment on March 29, 2018; and (d) the Defendant was served on Apr. 25, 2018; and (e) the judgment of dismissal of a final and conclusive judgment on the charges of larceny against the Defendant, including the Defendant’s intrusion;