The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of two years from the date this judgment became final.

1. The sentence of the court below (six months of imprisonment) is too unreasonable.

2. Before determining the Defendant’s assertion, the record reveals that the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Chuncheon District Court on April 24, 2013, and the judgment became final and conclusive on May 15, 2013. As such, the crime for which the judgment became final and conclusive and the crime of this case in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act, inasmuch as the crime of this case constitutes concurrent crimes under the latter part of Article 39(1) of the Criminal Act, the judgment of the lower court, even though having considered equity and considered mitigation or exemption, could no longer be maintained.

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, and the judgment below is reversed and it is again decided as follows.

【The reasons for the judgment of multiple times】 The criminal facts and summary of evidence recognized by the court are the first head of the criminal facts, “the defendant was sentenced to eight months of imprisonment with prison labor at the Chuncheon District Court on April 24, 2013 and the judgment became final and conclusive on May 15, 2013” in the summary of evidence, and “1. The previous records in the judgment of the court on May 15, 2013: A criminal investigation report (report on concurrent crimes) and each written judgment are the same as the corresponding columns of the judgment of the court below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury, the choice of imprisonment), Article 136(1) of the Criminal Act, Article 366 of the Criminal Act (the point of obstructing performance of official duties, the choice of imprisonment), and Article 366 of the Criminal Act concerning the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

1. Article 62 of the Criminal Act: