All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one month and a fine of one hundred thousand won.

The defendant above.

1. The punishment sentenced by the first and second instances of the grounds for appeal (the first instance judgment: the fine of KRW 100,000, and the second instance judgment: the imprisonment of one month) is too unreasonable.

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

A. On October 10, 2012, the Defendant was sentenced to imprisonment with prison labor for one year and eight months and a fine of two million won at the Gwangju District Court, etc., and the said judgment became final and conclusive on October 18, 2012.

Article 39(1) of the Criminal Act provides that the crime of violation of the Punishment Act and the crime for which the judgment became final and conclusive, which the first instance court rendered against the defendant, are concurrent crimes with the latter part of Article 37 of the Criminal Act, and the punishment shall be determined after considering equity in the case where the judgment is rendered at the same time in accordance with Article 39(1) of the Criminal Act, and examining whether to reduce or exempt the punishment. Thus, the first instance judgment

B. On March 25, 2016, the Defendant was sentenced to imprisonment with prison labor for at least ten months due to intrusion on buildings at night at Jeju District Court, theft, etc., and the said judgment became final and conclusive on July 29, 2016.

Article 39(1) of the Criminal Act provides that the crime of fraud and the crime of which judgment became final and conclusive with respect to the defendant shall be determined after considering equity with the case where the judgment is rendered simultaneously in accordance with Article 39(1) of the Criminal Act and examining whether to reduce or exempt the sentence. Thus, the judgment of the court below of the second instance cannot be maintained any more.

3. In conclusion, the judgment of the court below is reversed in entirety the judgment below 1 and 2 pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and it is so decided as follows.

Criminal facts

【The Defendant was sentenced to one year and eight months of imprisonment with prison labor and a fine of two million won at the Gwangju District Court on October 10, 2012, and the above judgment was finalized on October 18, 2012. On April 9, 2015, the Incheon District Court sentenced six months of imprisonment with prison labor at the Incheon District Court for fraud, etc., and sentenced on July 20, 2015 at the Incheon Detention House.