A defendant shall be punished by imprisonment for six months.

2. Prior to the judgment on the grounds for appeal ex officio, the prosecutor applied for amendments to the indictment with the phrase “50,000 won” as “48,532,130 won” in the second sentence following the facts charged at the time of the trial. Since this court permitted this, the judgment of the court below was no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above ground for reversal ex officio is based on the grounds as seen above.

[Multiple] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, except for the case where the part of "50,000 won" to be "48,532,130 won" is changed following the facts constituting an offense and the summary of evidence acknowledged by the court below among the facts constituting an offense in the court below's decision. Thus, they

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act dealing with concurrent crimes is against the defendant's recognition of the crime of this case. The crime of this case is one of the concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime in which the judgment of the court below became final and conclusive, and the fact that it is necessary to determine the punishment in consideration of equity with the case where the judgment is to be rendered simultaneously pursuant to Article 39(1) of the Criminal Act

Meanwhile, the Defendant committed the instant crime even though he/she was sentenced to the two-year suspended sentence on August 17, 2010 on the grounds of the crime of injury, etc., which was sentenced to the two-year suspended sentence, and was designated as a crime committed in the judgment of the court below that was committed during the escape after committing the instant crime.