The judgment of the court below is reversed.

The defendant shall be exempted from punishment.

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court against the Defendant is too unreasonable.

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

According to records, the defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at the Incheon District Court on September 19, 2019, and the above judgment became final and conclusive on February 21, 2020.

As above, since the crime for which judgment has become final and conclusive and each of the crimes of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, punishment shall be determined by taking into account equity and equity in cases where judgment is to be rendered at the same time pursuant to Article 39(1) of the Criminal

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

[C] The summary of the facts constituting a crime and evidence admitted by this court is as follows. The part of the judgment of the court below in the summary of the facts constituting a crime [criminal record] is as follows: "The defendant was sentenced to 8 months of imprisonment with prison labor for special larceny, etc. at the Incheon District Court on June 28, 2018, and the execution of the sentence was completed at the Seoul Southern Prison on December 7, 2018," "the defendant was sentenced to 8 months of imprisonment with prison labor at the Incheon Southern District Court on June 28, 2018 and completed the execution of the sentence at the Seoul Southern Prison on December 7, 2018, and was sentenced to 1 year of imprisonment with prison labor at the Incheon Southern District Court on September 19, 2019, and the judgment became final and conclusive on February 21, 2020." Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 347(1) (Fraud) of the choice of criminal facts, Article 329 of the Criminal Act and choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act among repeated crimes;

1. Handling concurrent crimes;