All judgment of the court below shall be reversed.

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

However, for two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for 6 months, the suspension of execution for 2 years, and the second instance judgment: imprisonment with prison labor for 4 months and the suspension of execution for 1 year) are deemed to be too uneasible and unfair.

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

The first and second original judgments against the defendant were sentenced to each of them, and the prosecutor filed an appeal against them, and this court decided to hold a joint hearing of the two appeals cases. Each of the first and second original judgments against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and a single sentence should be sentenced in accordance with Article 38(1) of the Criminal Act. In this regard, the lower judgment cannot be maintained in its entirety.

Meanwhile, according to the records of this case, the defendant was sentenced to four months of imprisonment with prison labor and one year of suspended execution for the purpose of evading compulsory execution at the Daegu District Court on October 16, 2015, and the judgment became final and conclusive on the 24th of the same month, and the above crimes and the first and second crimes in the judgment of the court below are concurrent crimes under the latter part of Article 37 of the Criminal Act and should be sentenced at the same time in consideration of equity and the case of concurrent crimes under Article 39(1) of the Criminal Act, but the judgment of the court below which did not consider them cannot be maintained in this respect

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and it is so decided as follows.

Criminal facts

On October 16, 2015, the defendant was sentenced to four months of imprisonment and one year of suspended execution for the reason of evasion of compulsory execution at the Daegu District Court on October 16, 2015, and the judgment became final and conclusive on the 24th of the same month.

B. The summary of the evidence is "1. Before the ruling: the defendant's legal statement.