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

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

A. The sentence of the lower court (two months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence (two months of imprisonment) is too unhued and unreasonable.

2. We examine ex officio the grounds for appeal prior to the judgment ex officio.

According to the records of this case, the defendant was sentenced to 6 months of imprisonment with prison labor for fraud at the Gangnam Branch of the Chuncheon District Court on October 17, 2019 and 2 years of suspension of execution on October 25, 2019, and the above judgment became final and conclusive on October 25, 2019. The above crime and the above crime of fraud, which became final and conclusive in the judgment of the court below, are in the relation of concurrent crimes under the latter part of Article 37 of the Criminal Act, and should be sentenced to punishment for each crime in consideration of equity in the case where the judgment is to be rendered at the same time pursuant to the main sentence of Article

3. Thus, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant and prosecutor's assertion of unfair sentencing, and it is again decided as follows after oral argument.

【Reason used in multi-level] Criminal facts and summary of evidence acknowledged by the court, and summary of evidence, are as stated in each corresponding column of the judgment of the court below, except for addition of the following. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Criminal facts

In all, “The defendant was sentenced to 6 months of imprisonment for fraud in the Gangnam Branch of the Chuncheon District Court on October 17, 2019 and 2 years of suspended execution, and the above judgment became final and conclusive on October 25, 2019.”

In the summary of evidence, "1. Previouss before the judgment: The defendant's statement at the trial court, the report on the results of confirmation of the previous disposition, and the investigation report (the previous conviction, etc. at the same time)" shall be added.

Application of Statutes

1. Relevant Article 329 of the Criminal Act and Article 319 (1) of the Criminal Act concerning criminal facts, the choice of punishment, and the intrusion on buildings under Article 329 of the Criminal Act