The judgment below

The remainder, other than the dismissed part of the application for compensation, shall be reversed.

A fine shall be imposed on the defendant 2,00.

1. The sentencing of the court below is too uncomfortable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the prosecutor.

According to the records, the Defendant, on June 28, 2017, sentenced 2 years of suspension of execution, protection observation, and community service order 200 hours to be imposed on August 6, 2017 by committing a violation of the Act on the Regulation of Similar Receiving Acts, etc. at the Gwangju District Court on August 28, 2017, and recognized the facts that the said judgment became final and conclusive on July 6, 2017. As such, in relation to the concurrent crimes between the latter part of Article 37 of the Criminal Act and the crime of fraud, which became final and conclusive in the judgment of the lower court, a sentence shall be determined after considering the case of concurrent crimes under Article 39(1) of the Criminal Act and the case of determining

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged by the court below are as follows: "The defendant was sentenced to two years of suspension of execution on July 6, 2017 by committing a violation of the Act on the Regulation of Similar Receiving Acts at the Gwangju District Court on June 28, 2017, and the above judgment became final and conclusive on July 6, 2017" in all of the facts charged by the court below. The summary of the evidence is as stated in the corresponding column of the court below, except for addition of "1. criminal records: the defendant's statement" at the last part of the evidence of the court below, as stated in the corresponding column of the court below. Thus, it is

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1.Article 70(1) and (2) of the Criminal Act to attract a workhouse.