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

2. According to the records of ex officio determination, the Defendant was sentenced to two years of imprisonment for fraud, etc. in the Suwon District Court’s Ansan Branch on May 14, 2019, and such judgment became final and conclusive on January 21, 2020.

Thus, since the crime of the judgment below and the above crime against the defendant for which the judgment of the court below became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, the equality in the case of concurrent crimes under Article 39(1) of the Criminal Act shall be considered and the sentence shall be determined after examining whether mitigation of punishment is exempted. The judgment of the court below cannot be maintained as it is, since the sentence was determined without

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without omitting the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal, and it is again decided as follows.

[Along with the reasoning of the judgment of the court below, the summary of the facts constituting a crime and evidence recognized by this court is added to the first head of the crime of the court below, "the defendant was sentenced to two years of imprisonment on May 14, 2019 with prison labor for fraud, etc. in the Suwon District Court assistance, which became final and conclusive on January 21, 2020," and the summary of the evidence is the same as the corresponding column of the judgment of the court below, except for adding "1. The judgment prior to and after the judgment of the court of first instance" to "the defendant's trial statement at the end of the evidence."

Application of Statutes

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among the concurrent crimes under Article 347(1) and Articles 30 of the Criminal Act, Articles 229, 225, and 30 of the Criminal Act (the use of forged official document), the latter part of Article 37 of the Criminal Act, Article 39(1) of the Act on the Treatment of Concurrent Crimes, and Articles 37(1) and 38(1)2, and Article 50 of the Criminal Act, shall be the collection and delivery of the crimes of Bosing.