A defendant shall be punished by imprisonment with prison labor for four months.

2. Even if there are multiple crimes for which judgment ex officio or higher punishment has become final and conclusive, all of the crimes for which judgment has become final and conclusive and the crime for which judgment has become final and conclusive shall be deemed concurrent crimes under the latter part of Article 37 of the Criminal Act. In such cases, a sentence shall be imposed in consideration of equity in cases where all of the crimes for which judgment has become final and conclusive with respect to a crime not subject to judgment under Article

(2) On October 14, 2016, the lower court’s judgment was reversed at the Busan District Court and sentenced to one year and six months of imprisonment (see, e.g., Supreme Court Decisions 2005Do9678, Oct. 22, 2016; 2008Do209, Oct. 23, 2008). According to the records and significant facts in this court, the Defendant was sentenced to imprisonment with prison labor at the Busan District Court for fraud (see, e.g., Supreme Court Decision 2016Da2201), and appealed, and was sentenced to imprisonment with prison labor at the Busan District Court and one year and six months (see, e.g., Supreme Court Decision 2016No2890, Oct. 22, 2016). In so doing, the lower court’s judgment became final and conclusive on Oct. 22, 2016, 2016>

Therefore, the judgment of the court below that determined punishment for each of the instant crimes can no longer be maintained, taking into account only the previous convictions, such as the crime of extortion, which became final and conclusive on April 8, 2016.

3. The judgment of the court below is without examining the defendant's assertion of unfair sentencing on the grounds of the above ex officio reversal.