The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The summary of the grounds for appeal (unfair sentencing) the Defendant withdrawn his/her assertion of misunderstanding of the legal principles among the initial grounds for appeal on the first trial date.

The punishment sentenced by the court below (10 months of imprisonment) is too unreasonable.

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

According to each judgment, etc. submitted by a prosecutor at the trial of the party, the defendant was sentenced to imprisonment for two years and six months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Jung-gu District Court on November 27, 2017 (hereinafter referred to as the "Jan District Court Decision 2017 Gohap261), and the above judgment was appealed on May 16, 2018 (Seoul High Court Decision 2017No3769), but the appeal was again dismissed on July 13, 2018 (hereinafter referred to as the "Seoul High Court Decision 2018Do7939).

In this regard, as the crime against the defendant and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against which the judgment of the court below became final and conclusive, in relation to the concurrent crimes by the latter part of Article 37 of the Criminal Act, a punishment for the crime in the judgment of the court below shall be sentenced in consideration of the equity between the case where the judgment is to be rendered at the same time pursuant

In this respect, the judgment of the court below cannot be maintained as it is.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is again ruled as follows after pleading.

【Re-written judgment] The summary of the criminal facts and evidence against the defendant recognized by the court, the summary of the criminal facts and evidence, as stated in the 1st sentence of the judgment below, was terminated.

"Along, on November 27, 2017, the District Court sentenced " to two years and six months of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the Jung-gu District Court, which became final and conclusive on July 13, 2018.

“A previous conviction in the judgment of the court below,” set forth below 2.