The judgment of the court below is reversed.

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

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (4 months of imprisonment) is too unreasonable.

2. Before judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the prosecutor, “The Defendant was sentenced to imprisonment with prison labor on April 8, 2015 in the original branch of the Chuncheon District Court for a crime of fraud on September 24, 2015, and the judgment became final and conclusive on September 24, 2015.

In addition, “The latter part of Article 37 of the Criminal Code,” and “the latter part of Article 39 of the Criminal Code,” were applied for amendments to Bill of Indictment, and this Court permitted the addition.

Therefore, Article 39(1) of the Criminal Act shall apply to the crime of concurrent crimes after Article 37 of the Criminal Act, and at the same time, a punishment for the crime of the judgment of the court below shall be imposed after taking into account the equity in the case where the judgment is to be rendered. Therefore, the judgment of the court below cannot be maintained any more.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and the following is again decided after pleading.

【Grounds for the judgment in its entirety, the criminal facts against the defendant recognized by the court and the summary of the criminal facts and evidence, and the summary of the evidence thereof, are all the columns of the judgment of the court below, and the judgment of September 24, 2015 became final and conclusive on the following grounds: “The defendant was sentenced to two years of imprisonment for a crime of fraud in the original branch of the Chuncheon District Court on April 8, 2015.”

“In addition,” and the summary of the evidence is as stated in each corresponding column of the judgment of the court below, except for the addition of “a report of investigation (Attachment to the first instance judgment)” and “the Defendant’s oral statement at the trial court” to the previous records in the summary of the evidence. As such, it shall be cited by Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The latter part of Article 37 of the Criminal Code for the treatment of concurrent crimes: