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

2. Before the judgment on the grounds of appeal on the grounds of appeal, the defendant was examined ex officio on October 6, 2004, and the defendant was sentenced to 10 months of imprisonment for fraud at the Incheon District Court, and the defendant appealed, but the defendant was dismissed on January 13, 2005, but the parole period was terminated on June 30, 2005, and the parole period was terminated on August 5, 2005, and the defendant committed a crime that the court below decided within 3 years after the expiration of the parole period. Thus, since the crime of the court below is a repeated crime as provided in Article 35 of the Criminal Act, the court below did not add a repeated crime, the judgment of the court below is no longer maintained.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, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court are as follows: "The defendant was sentenced to ten months of imprisonment for fraud at the Incheon District Court on October 6, 2004, and the parole period was terminated on August 5, 2005, which was paroled on June 30, 2005, and the parole period was terminated on August 5, 2005." The summary of the evidence is as stated in each corresponding column of the judgment of the court below, except for addition of "1. criminal records: criminal records (A), and personal identification and confinement status" to the summary of the evidence, and therefore, it is identical to the corresponding column of the judgment of the court below pursuant to Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. The reason for sentencing Article 35 of the Criminal Act, among repeated offenders, is the aged, the confession and reflects the crime, the damage has not been recovered and the victim wants to punish the defendant, and the age, character and conduct of the defendant, and the motive for the crime of this case.