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

Seized evidence No. 5 shall be forfeited from the defendant.

A. The sentence of Defendant’s sentence (one year of imprisonment, two years of suspended sentence, protection observation, community service order 120 hours, discard) is too unreasonable.

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

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

According to the records, the Defendant was sentenced to five years of imprisonment for fraud, etc. at the Daejeon District Court on September 22, 201 and completed the execution of the sentence at the Daejeon District Court on October 28, 2015, and the Defendant committed the instant crime on April 11, 2016, prior to the termination of the execution of the sentence, which was sentenced for fraud, etc., and up to three years prior to the termination of the execution of the sentence, which was sentenced for fraud, etc., the Defendant committed the instant crime. Therefore, the lower court, even though the instant case constitutes a case where it is impossible to render a suspended sentence under the proviso of Article 62(1) of the Criminal Act, the lower court committed an unlawful act against the Defendant sentencing a suspended sentence of imprisonment by applying Article 62

Such illegality has influenced the judgment.

Therefore, the judgment of the court below can no longer be maintained.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 352 and 350 (1) of the Criminal Act concerning the choice of criminal facts;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is that the defendant committed the crime of this case during the period of repeated crime due to the crime of this paper, and that the crime is not good in light of the method and content of the crime, etc.