The judgment of the court below is reversed.

The defendant shall be exempted from punishment.

1. Summary of grounds for appeal;

A. Defendant: The sentence of the lower court (two months of imprisonment) is too unreasonable.

B. Prosecutor: The lower court’s sentence is too uneasible and unreasonable.

2. Reviewing the reasoning for appeal ex officio prior to the judgment, the record reveals that the Defendant was sentenced on November 7, 2012 to one year and six months in prison due to fraud, etc. in Suwon District Court Ansan Branch, and the said judgment became final and conclusive on March 28, 2013, which is after the judgment of the lower court was rendered. As such, the crime of fraud, etc., for which the judgment became final and conclusive and the crime of this case is in a concurrent relationship under the latter part of Article 37 of the Criminal Act in accordance with Article 39(1) of the Criminal Act, and after considering equity and consideration of mitigation or exemption, the lower judgment cannot be maintained any further.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts and evidence admitted by this court is that of the judgment of the court below, and the summary of the facts and evidence is as follows: "The defendant was sentenced on November 7, 2012 to one and a half years of imprisonment with prison labor for fraud, etc. from the Suwon District Court's Ansan Branch's assistance, which became final and conclusive on March 28, 2013." The above judgment was added as evidence of "the summary of evidence" as evidence of "the previous conviction" in the judgment of the court below is the same as that of each corresponding column of the judgment of the court below, and it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

2. Article 35 of the Criminal Act among repeated crimes;

3. The processing of concurrent crimes and the crime of fraud, etc. for which the judgment prior to Articles 37 (1) and 39 (1) of the Criminal Act became final and conclusive, shall be committed on April 2012.