The judgment below

Of the attached crimes list 1, the part of fraud shall be reversed.

The judgment of the court below against the defendant.

1. The judgment of the court below on the gist of the grounds of appeal is too unfilled and unreasonable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the prosecutor in the part relating to the crime of fraud, which is the No. 1 of the attached list for crimes.

According to the records, on July 14, 2016, the Defendant was sentenced to imprisonment for 4 months with prison labor for a violation of the Punishment of Violences, etc. Act (joint assault) at the Suwon Friwon Friwon, and one year of suspended execution (2016 order 2011 order), and the prosecutor appealed (No. 2016 order 4987) but the appeal was dismissed, which became final and conclusive on March 30, 2017 after the judgment of the lower court was rendered.

Of the lower judgment against the Defendant, the crime of violation of the Punishment of Violence and Violences Act (joint assault) in the attached Table 1 of the lower judgment against the Defendant, which became final and conclusive, is in the relation of concurrent crimes after Article 37 of the Criminal Act.

Accordingly, in accordance with Article 39 (1) of the Criminal Code, punishment should be determined in consideration of equity in cases where it is judged at the same time.

In this respect, the part of the judgment of the court below regarding the crime Nos. 1 in the annexed crime list is no longer maintained.

B. There is no significant change in circumstances that may be considered in the sentencing of the defendant after the judgment of the court below in the part of the crime committed in the sequence 2 and 3 of the attached crime list.

In light of all the circumstances asserted by the prosecutor on the grounds of appeal, even if the court below’s punishment Nos. 2 and 3 of the attached Table 2 and the attached Table 3 of the lower court’s punishment is uneasible and unreasonable.

Therefore, the prosecutor's argument that this part of the sentencing is unfair is rejected.

3. In conclusion, the part of the judgment of the court below regarding the crime of fraud Nos. 1 in the annexed crime list among the judgment below is reversed ex officio. Thus, without examining the prosecutor’s improper argument about the sentencing, the part regarding the crime of fraud No. 1 in the annexed crime list among the judgment below pursuant to Article 364(2) of the Criminal Procedure Act is reversed, and the pleading is made.