The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. According to the records of ex officio determination, the defendant was sentenced on August 13, 2019 by the Suwon District Court to embezzlement of stolen articles, fabrication of private documents, uttering of a falsified document, six months of imprisonment with prison labor and larceny, and two months of imprisonment with prison labor on August 21, 2019. The crime of the court below's decision against the defendant and the crime of larceny and stolen of stolen property are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment shall be determined by considering equity with the case where the judgment is concurrently rendered, and considering the exemption from mitigation of punishment is determined without considering such circumstances. Thus, the court below's decision cannot be maintained in this regard.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is reversed and it is again decided as follows.

[Grounds for the judgment of multiple court] Summary of facts constituting an offense and evidence recognized by this court is the first head of the facts constituting an offense as indicated in the judgment of the court below and the summary of evidence are those who were sentenced to two months of imprisonment with prison labor for larceny and stolen property acquisition at the Suwon District Court on August 13, 2019 and finally confirmed August 21, 2019.

1. The Defendant’s oral statement at the trial court in addition to “B” and the summary of the evidence in the holding of the court below;

1. In addition to the addition of the investigation report (the addition of the indictment, etc. in the present trial), it is identical to the corresponding column of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of imprisonment with prison labor;

1. The latter part of Article 37 and Article 39(1) of the Criminal Act for the treatment of concurrent crimes;