A defendant shall be punished by imprisonment for four months.

A. The sentence of the lower court (four months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Before making a judgment on the grounds for ex officio appeal, the part of the facts charged in the instant case [criminal records] in the trial of the public prosecutor was sentenced to the Defendant on March 8, 2016 at the Chuncheon District Court's original branch for the purpose of fraud and the judgment on October 14, 2016 became final and conclusive on October 2016.

"In addition, Article 37 of the Criminal Act is to be added to "Article 39 (1) of the Criminal Act" in the applicable law, and the court applied for amendments to the bill of amendment to the bill of amendment, and the judgment of the court below can no longer be maintained due to changes in the subject of the judgment by this court.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment of the court below is reversed, and the following is again decided after pleading, on the ground that there is a ground for reversal ex officio as seen above.

【Grounds for the Judgment to be used again] The summary of criminal facts and evidence against the defendant recognized by the court as to the summary of criminal facts and evidence in the judgment of the court below are as follows: first of the criminal facts in the judgment of the court below, "No. 29, Apr. 29, 2016" was dismissed as "No. 29, Apr. 29, 2015"; and first head of the judgment of the court below, "the defendant was sentenced to eight months of imprisonment with prison labor for a crime of fraud from the main branch of the Chuncheon District Court on March 8, 2016 and the judgment

“A previous conviction in the judgment of the court below” and the summary of the evidence added “1. A previous conviction in the judgment: A criminal investigation report (Attachment of the judgment, etc.) and the Defendant’s legal statement” as stated in each corresponding column of the judgment of the court below. As such, they are cited by 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. The latter part of Article 37 of the Criminal Code to treat concurrent crimes, provided that the reasons for sentencing in the first sentence of Article 39(1) are concurrent crimes after Article 37 of the Criminal Code, and the sentencing criteria are the same.