The judgment of the court below is reversed.

The punishment of the accused shall be determined by one year and two months.

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

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

On November 10, 2016, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Gwangju District Court, and the above judgment became final and conclusive on November 18, 2016.

Thus, in the relation of concurrent crimes between the above crime for which judgment has become final and conclusive and the latter part of Article 37 of the Criminal Act, punishment should be determined in consideration of equity with the case where judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act.

Therefore, the judgment of the court below cannot be maintained any more.

3. Therefore, 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 it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by this court was sentenced to six months of imprisonment with prison labor for larceny, etc. at the Gwangju District Court on November 10, 2016, and the above judgment became final and conclusive on November 18, 2016.

The phrase “1. Court Decision (Seoul District Court Decision 2016 High Court Decision 4101)” is added to each corresponding column of the judgment of the court below (Article 369 of the Criminal Procedure Act). The application of the statute is as follows:

1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 342 and 329 of the Criminal Act concerning the choice of punishment (a point of attempted larceny), Article 329 of the Criminal Act (a point of attempted larceny), Article 319 (1) of the Criminal Act (a point of intrusion on buildings), and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes (as to the crime of paragraph (2) of the judgment of the court below)

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes have the records of having been punished several times for the same crime. In particular, the defendant is identical on November 30, 201.