The judgment of the court below is reversed.

As to the crime No. 1 of the judgment of the defendant, the crime No. 2 of the judgment shall be sentenced to one month.

1. The summary of the grounds for appeal (e.g., misappropriation 1: imprisonment with prison labor for 1 months and 3 months) of the original judgment (e.g., 1: imprisonment with prison labor for 2 months) is too unreasonable.

2. Ex officio determination

A. According to the records in the part of the first crime in the holding of the court below, the defendant was sentenced to four months of imprisonment for a crime of fraud at the Daejeon District Court on May 31, 2007, and the above judgment became final and conclusive on June 8, 2007, and completed the execution of the sentence on November 3, 2007.

As long as this part of the crime was committed on October 9, 2008, which is within the repeated crime period, the lower court omitted this part of the crime despite the fact that the repeated crime under Article 35 of the Criminal Act should be punished by aggravation of repeated crime.

In this respect, the first crime of the judgment of the court below is no longer maintained.

B. According to the records in the part of the crime of Article 2 of the judgment of the court below, the defendant was sentenced to imprisonment with prison labor for one year and six months at the Daejeon District Court on April 19, 2013, and the above judgment became final and conclusive on August 22, 2013, and the defendant committed this part of the crime before the above judgment becomes final and conclusive.

As above, the crimes for which judgment has become final and conclusive and this part of the crimes are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity and equity in cases where judgment is to be rendered at the same time pursuant to

Therefore, among the judgment of the court below which did not consider this, the part concerning the second crime is no longer maintained.

3. The judgment of the court below is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, on the grounds of ex officio reversal, and the judgment below is again ruled as follows.

Criminal facts

The summary of the facts constituting a crime and evidence acknowledged by this court is as follows: "The defendant was sentenced to four months in imprisonment with prison labor at the Daejeon District Court on May 31, 2007, and completed the execution of the above punishment on November 3, 2007" and "the defendant" in the part of the facts constituting a crime of the judgment below.