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 two years from the date this judgment becomes final and conclusive.

1. The lower court’s punishment (two months of imprisonment and two years of suspended execution) against the Defendant as to the summary of the grounds for appeal is unreasonable.

2. We examine ex officio the Prosecutor’s grounds for appeal prior to the judgment.

On January 31, 2020, the prosecutor added "the defendant was sentenced on July 31, 202 to the Seoul Eastern District Court on January 31, 202, and the judgment became final and conclusive on July 31, 2020." "Articles 37 and 39 (1) of the Criminal Act" as stated in the prosecutor's application for changes in the indictment which adds "Article 37 and 39 (1) of the Criminal Act" to the applicable provisions of the Act as the clerical error of " July 24, 2020." Article 37 and Article 39 (1) of the Criminal Act is clearly omitted in the judgment of the court below, and it was impossible to change the judgment of the court below as it was because this court permitted, and the judgment of the court below became final and conclusive on July 31, 2020, and the summary of the judgment of the court below as stated in the summary of "the defendant 201 and the defendant 364 of the Criminal Procedure Act."

Application of Statutes

1. Criminal facts;