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

except that the ruling shall be made for one year from the date of the final judgment.

2. According to ex officio records, the Defendant was sentenced to two years of imprisonment for fraud at the Daejeon District Court on May 18, 2016, and the above judgment became final and conclusive on August 24, 2016, and the Defendant committed the instant crime which was found guilty in the lower judgment prior to the final and conclusive judgment.

As above, the crimes for which judgment has become final and the instant crimes are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment should be determined after examining whether to reduce or exempt punishment in consideration of equity and equity in cases where judgment is concurrently rendered pursuant to Article 39(1) of the Criminal

Therefore, the judgment of the court below which did not consider it is impossible to maintain it as it is.

3. 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 ground that the above ground for ex officio reversal exists, and the judgment below is again ruled as follows.

Criminal facts

The facts constituting a crime acknowledged by this Court are as stated in the corresponding column of the lower judgment, except for the first head of the facts constituting a crime in the lower judgment, stating that “The Defendant was sentenced to two years of imprisonment with prison labor at the Daejeon District Court on May 18, 2016 and the said judgment became final and conclusive on August 24, 2016.”

Article 369 of the Criminal Procedure Act is quoted as it is.

Summary of Evidence

The summary of the evidence admitted by this court is as shown in the corresponding column of the judgment of the court below, except for adding "1. The defendant's oral statement" to the summary of the evidence.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

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

2. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

3. The defendant's reason for sentencing under Article 62 (1) of the Criminal Code (the conditions favorable to the following).