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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 4,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court on the Defendant (eight months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence imposed by the lower court against the Defendant is too uneasible and unreasonable.
2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
In a case where a judgment was rendered on three concurrent crimes of this case and Article 37 of the Criminal Act, and where the judgment omitted the previous records on the crimes of this case and did not examine the specific details of the previous crimes, in violation of Article 39 (1) of the Criminal Act requesting that the crimes of this case and the crimes of this case be sentenced simultaneously with the crimes of this case, in consideration of equity when the judgment becomes final and conclusive at the same time (see Supreme Court Decision 2008Do209, Oct. 23, 2008). According to the records, the defendant was sentenced to the above previous crimes of this case and Article 39 (1) of the Criminal Act before and after the judgment was rendered on Jan. 28, 201, and the above crimes of this case become final and conclusive on May 20, 201 with the sentence of imprisonment of this case by fraud, etc. of this case which became final and conclusive on May 27, 2011 after the judgment became final and conclusive on May 27, 2011>
In this regard, the court below stated only the previous convictions on the above (a) above, (b) above, and (c) above, and did not state the previous convictions, as well as the judgment on the previous convictions on the above (a) above.