The judgment of the court below is reversed.

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

1. The summary of the grounds for appeal (five months of imprisonment) by the lower court is too unreasonable.

2. We examine ex officio the grounds for appeal by the defendant prior to the determination of ex officio.

According to the evidence duly adopted and investigated by the trial court, the defendant was sentenced to two years of suspension of the execution on December 11, 2015 to eight months of imprisonment with prison labor for fraud in Gyeyang Branch of the Suwon District Court on December 11, 2015, and the judgment became final and conclusive on June 25, 2016.

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. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

[C] The summary of the facts constituting a crime and the evidence admitted by the court and the summary of the facts charged by the court below are as follows. The "criminal facts" of the judgment of the court below is as follows: "The defendant was sentenced to two years of suspension of execution on December 11, 2015, and the judgment became final and conclusive on June 25, 2016, in relation to the assistance of the Suwon District Court, which was sentenced to two years of imprisonment for fraud on December 11, 2015," and "a summary of the evidence" is as stated in each corresponding column of the judgment of the court below, except for addition of "1............ the copy of the judgment and the assistance to the agreement of the case

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. The reasons for sentencing in the latter part of Article 37 and Article 39(1) of the Criminal Act for concurrent crimes are recognized and against the instant crime.

On the other hand, this case.