The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine ex officio the grounds for appeal by the Defendant and the prosecutor prior to the determination of ex officio.

According to the evidence duly adopted and investigated by the trial court, the defendant is found to have been sentenced to a suspended sentence of one year on November 11, 2016 at the Suwon District Court on November 3, 2016, for the purpose of fraud.

Therefore, the punishment for the crime of fraud and the crime in the judgment of the court below against the defendant for which the judgment of the court below became final and conclusive shall be imposed in consideration of equity in the case where the judgment is rendered at the same time in accordance with Article 39(1) of the Criminal Act. Therefore, the judgment of the court below cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for ex officio reversal, and the judgment below is reversed and it is again decided as follows.

[C] The summary of the facts constituting a crime and evidence admitted by the court and the summary of the evidence are the first head of the judgment of the court below. The "criminal facts" of the court below is added to "the defendant was sentenced to a suspended sentence of one year, etc. on November 11, 2016 at the Suwon District Court on November 3, 2016, which was sentenced to a suspended sentence of one year on the grounds of fraud" and the judgment became final and conclusive on November 11, 2016," and it seems obvious that "the first policeman of April 2015" of paragraph (2) 3 of the criminal facts was changed to "the first policeman of April 2016" and it is deemed to be a clerical error. The "a summary of evidence" of the judgment of the court below is the same as the corresponding column of the court below other than adding "a copy of the judgment of the court ruling and a copy of the case agreement assistant." It is cited as it is in accordance with

Application of Statutes

1. Criminal facts;