A defendant shall be punished by imprisonment with prison labor for not more than ten months.

2. Ex officio determination: (a) According to the records, the Defendant was sentenced to four years of imprisonment with prison labor by the Ulsan District Court on July 22, 2016, and the above judgment became final and conclusive on September 30, 2016. The crime for which the above judgment became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act; and (b) the crime of this case is related to concurrent crimes under the latter part of Article 39(1) of the Criminal Act, after examining whether to reduce or exempt punishment by taking into account equity in cases where the judgment is to be rendered at the same time under Article 39(1) of the Criminal Act; and

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as seen above, and the following decision is rendered through pleadings.

[C] The summary of the facts constituting an offense and the evidence admitted by this court is all of the facts constituting an offense in the judgment below, except for adding "the defendant was sentenced to four years of imprisonment on July 22, 2016 and the above judgment became final and conclusive on September 30, 2016" to "1. The summary of the evidence is as stated in each corresponding column of the judgment of the court below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act, as it is, pursuant to Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. Reasons for the sentencing of Article 37 (latter part) and Article 39 (1) of the Criminal Procedure Act [the scope of recommending punishment] There is no basic area (6 to 100 million won) (6 to 106 months) of types 1 (the special person) of the Criminal Procedure Act (the decision of sentencing] [the decision of sentence] committed the instant crime against the socially weak who suffered from brain disease disorder, and there is a high possibility of criticism. The amount obtained by deceit from the instant crime is 4.