The judgment below

Of the judgment of the court below, the part concerning the second crime is reversed.

As to the crime No. 2 of the judgment of the court below.

1. Sentencing sentencing on the gist of reasons for appeal

2. According to the data submitted by the prosecutor in the trial of ex officio as to the crime No. 2 of the holding of the lower judgment, the fact that the said judgment became final and conclusive on April 3, 2017, by being sentenced to two years of imprisonment with prison labor for fraud, etc. at the Changwon District Court on January 25, 2017, and four months of imprisonment with prison labor.

Since the crime of fraud, etc., which became final and conclusive and the crime of Article 2 of the decision of the court below, is in the relation of concurrent crimes after Article 37 of the Criminal Act, the judgment of the court below cannot

3. The lower court rendered a sentence by taking into account the following favorable circumstances: (a) the Defendant’s confession of each of the instant crimes, the fact that the Defendant is against the victim, the agreement with the victims, equity in the case where the judgment was rendered simultaneously with the final judgment on September 9, 2015; and (b) the Defendant’s age, sex behavior, environment, motive and background of the crime, circumstances after the crime, etc., was considered.

The appellate court, compared to the first instance court, has no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance sentencing judgment.

The above conditions of sentencing have changed significantly in the trial.

It is difficult to see the above sentencing, and when considering the above sentencing as a whole, it cannot be deemed unfair because the sentence of the court below is too unreasonable.

Therefore, the defendant's above assertion is without merit.

4. Thus, the defendant's appeal against the crime No. 1 of the judgment below is without merit, and it is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. Since the part concerning the crime No. 2 of the judgment below as stated in the judgment of the court below is reversed ex officio, and the above part of the judgment of the court below is reversed and it is again decided as follows.

[Judgment which is used again for the crime No. 2 of the holding] The criminal facts and the summary of the evidence against the defendant recognized by the court.