The judgment of the court below is reversed.

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

1. The sentence imposed by the court below on the defendant (three months of imprisonment) is too unreasonable.

2. According to the evidence duly adopted and examined by the lower court and the lower court on January 18, 2013, prior to the judgment on the Defendant’s assertion of unfair sentencing, the Defendant filed an appeal by having been sentenced to two months of imprisonment and six months of imprisonment by fraud, etc. at the Gwangju District Court on January 18, 2013. However, on April 11, 2013, the appeal was dismissed and the judgment became final and conclusive on the same day. Each of the instant crimes constitutes concurrent crimes with the crime for which judgment became final and conclusive pursuant to Article 39(1) of the Criminal Act, and with the latter part of Article 37 of the Criminal Act, a sentence shall be determined after examining whether to reduce or exempt punishment by taking into account equity and the case where the judgment becomes final and conclusive at the same time and equity. Therefore, the lower

3. Accordingly, 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, on the ground that the above ground for reversal ex officio is reversed, and it is again decided as follows.

Criminal facts

The summary of the facts constituting a crime and evidence acknowledged by this court is to delete the first and second instances of the judgment of the court below, and the defendant added "the defendant was sentenced to three months of imprisonment and ten months of imprisonment in the Gwangju District Court on February 1, 2008 due to fraud, etc. and completed the execution of the sentence on January 5, 2009, and on January 18, 2013, the judgment became final and conclusive on April 11, 2013 after being sentenced to two months of imprisonment and six months in the Gwangju District Court's imprisonment and the above judgment was sentenced on April 11, 2013." The summary of evidence is to add "the previous conviction in January 18, 2013" to "the column of the judgment of the court below" as stated in the corresponding column of the Criminal Procedure Act, and thus, it is identical to the judgment of the court below as stated in Article 369 of the Criminal Procedure Act.

Application of Statutes

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