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The judgment below
The part of the judgment No. 1 of the crime is reversed.
As to the crime No. 1 of the judgment of the defendant, two months of imprisonment.
Reasons
1. The summary of the grounds for appeal (the crime No. 1 in the judgment below: Imprisonment with prison labor for 6 months, and the crime No. 2, 3, and 4 in the judgment below: Imprisonment for 8 months) is too unreasonable;
2. We examine ex officio the grounds for appeal by the defendant as to the part concerning the first crime in the judgment of the court below prior to the judgment on the grounds of appeal
Where there are several crimes for which judgment to face with imprisonment without prison labor or a heavier punishment has become final and conclusive, all of the crimes committed before such judgment becomes final and conclusive and crimes committed before such judgment are related to a group of concurrent crimes.
Therefore, in this case, a sentence shall be imposed on both the crimes for which judgment has not been rendered under Article 39(1) of the Criminal Act at the same time, taking into account equity and equity in cases where both the crimes for which judgment has become final and conclusive are to be adjudicated simultaneously (see Supreme Court Decision 2008Do209, Oct. 23, 2008). According to records, ① the Defendant was sentenced to imprisonment with prison labor for one year from the date of fraud committed on August 14, 201, at the Suwon Friwon, for which two years have been suspended, and the said judgment became final and conclusive on August 22, 2013; ② the Defendant committed each fraud committed between November 1, 2007 and December 3, 2008; ② the Defendant was sentenced to imprisonment with prison labor for two years and six years from the Incheon District Court on July 3, 2015; ② the Defendant was clearly and conclusively sentenced to concurrent crimes under Article 17 of the Criminal Act, and thus, the judgment at the same time becomes final and conclusive.
In this regard, the court below sentenced the punishment of the crime No. 1 in its holding, and there is a concurrent crime of the latter part of Article 37 of the Criminal Act, taking into account only the criminal records.
In this respect, the part of the first crime in the judgment of the court below cannot be reversed. (On the other hand, if the crime of which judgment has not yet been rendered could not be judged concurrently with the crime of which judgment has already become final and conclusive, the Criminal Act is applied