A defendant shall be punished by imprisonment for a period of two months.

2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the Defendant’s statement made at the court of first instance on January 7, 2016 can be acknowledged that the Defendant was sentenced to eight months of imprisonment for fraud at the Daegu District Court on April 2, 2016 and the judgment became final and conclusive on April 2, 2016. As above, the crime of fraud and the crime of this case, for which the judgment became final and conclusive, are related to the concurrent crimes by a group after Article 37 of the Criminal Act, and are determined after examining whether to reduce or exempt punishment in consideration of equity and the case where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act. Therefore, the lower judgment cannot be maintained in this respect.

3. Therefore, 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 of sentencing, and the judgment below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court is the actual disturbance of the criminal history of the judgment of the court below [criminal records] 2 and 3 criminal records in the Daegu District Court on December 14, 2015, which is currently pending in the appellate court's trial.

“The Daegu District Court sentenced 8 months of imprisonment for fraud at the Daegu District Court on January 7, 2016, which became final and conclusive on April 2, 2016.

“In line with the summary of the evidence, the summary of the evidence is as follows: “1. C’s written statement” is sealed as “1. C’s written statement of police statement”; and, except for the addition of “the Defendant’s in-court statement” under the preceding part of the judgment, it is identical to each corresponding column of the judgment of the court below; thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes (applicable to a previous offense, such as robbery);

1. The latter part of Article 37 of the Criminal Code for the treatment of concurrent crimes, provided that Article 39.