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The part of the judgment of the first instance and the judgment of the second instance against the defendant shall be reversed.
Defendant shall be punished by imprisonment.
Reasons
1. The decision of the court below on the summary of the grounds for appeal (No. 1: imprisonment with prison labor for 10 months, and imprisonment with prison labor for 1 year and 2 months) is too unreasonable.
2. Ex officio determination
A. Ex officio, the first and second court rendered a separate judgment after examining the defendant as Incheon District Court 2012 Godan11922 and the court 2013 Godan959, respectively. The defendant filed an appeal as to each of the above judgments and decided to consolidate the above two cases. The first and second court's judgment against the defendant should be sentenced to a single sentence within the scope of punishment determined by applying the precedent of concurrent crimes under Article 38 of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. In this regard, the judgment of the court below against the defendant is not reversed.
B. Meanwhile, in light of the language, legislative intent, etc. of the latter part of Article 37 and Article 39(1) of the Criminal Act, if a crime for which no judgment has yet to be rendered cannot be judged concurrently with the crime for which judgment has already become final and conclusive, it is reasonable to interpret that the sentence shall not be imposed concurrently in consideration of equity and equality, or the sentence shall not be mitigated or exempted.
(2) According to the records, the Defendant, at the Incheon District Court on April 13, 2011, sentenced two years to a suspended sentence of imprisonment for one year due to the crime of forging securities, etc. (see, e.g., Supreme Court Decision 2012Do9295, Sept. 27, 201). The judgment became final and conclusive on October 7, 201; (2) on September 21, 201, the same court was sentenced to a suspended sentence of two years due to a crime of fraud in the crime of fraud; and (3) on November 27, 2012, the said judgment became final and conclusive on March 7, 2012 after having been sentenced to a suspended sentence of two years due to a violation of the Illegal Check Control Act by the same court on November 27, 2012, and said judgment became final and conclusive on December 4, 2012; and (3) the crime committed before the judgment becomes final and conclusive.
However, the judgment of the court of first instance is different.