The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The decision of the court below on the gist of the grounds of appeal (ten months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) is too unfluent and unfair.

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

According to the records of this case, the defendant was sentenced to a suspended sentence of four months on September 28, 2016 to imprisonment with prison labor for larceny, etc. at the order of the Gwangju District Court at the Gwangju District Court, and the judgment became final and conclusive on October 6, 2016. As such, the crime of the judgment of the court below against the defendant and the above crime for which the judgment of the court below became final and conclusive on October 6, 2016 are concurrent crimes in relation to the latter part of Article 37 of the Criminal Act, and the punishment for the crime of this case should be determined at the same time in consideration of equity with the case where the judgment is to be rendered simultaneously pursuant

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

Criminal facts

On September 28, 2016, the judgment below became final and conclusive on October 6, 2016, on the following grounds: “The Defendant was sentenced to a suspended sentence of imprisonment with prison labor for larceny, etc. from the Gwangju District Court’s Net Branch on September 28, 2016 to a suspended sentence of imprisonment with prison labor for four months from the date of larceny, etc.:

“A previous conviction in the judgment of the court below” shall be added and “A previous conviction in the judgment of the court below” shall be cited in accordance with Article 369 of the Criminal Procedure Act, except for the addition of “a prior conviction in the judgment of the court below” between the third and fourth conducts.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Articles 342 and 329 of the Criminal Act (a point of attempted larceny) of the choice of punishment, Article 319 (1) of the Criminal Act (a point of intrusion upon residence) of the same Act, Article 329 of the Criminal Act (a point of attempt) of the same Act, and the choice of imprisonment, respectively;

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

1. Article 37 of the Aggravation of Concurrent Crimes Act.