The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant and the prosecutor, the record reveals that the Defendant was sentenced to imprisonment with prison labor for not more than one year and six months at the Seoul Eastern District Court on July 21, 2016, and the said judgment became final and conclusive on January 12, 2017. The crime of the above judgment and the crime of the lower judgment, which became final and conclusive, are concurrent crimes with a group after Article 37 of the Criminal Act, and are determined by taking into account equity with a case where the judgment is rendered simultaneously in accordance with Article 39(1) of the Criminal Act, and thus, the lower judgment cannot be maintained as it is.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the error of sentencing by the defendant and the prosecutor, on the grounds that the judgment of the court below is reversed ex officio, and the following judgment is delivered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is that the defendant was sentenced to imprisonment with prison labor on July 21, 2016 at the Seoul Eastern District Court on July 21, 2016 and the above judgment was finalized on January 12, 2017.

“1. A previous conviction in the judgment of the court below” is added to “1. A criminal history inquiry” in the summary of the evidence, and it is identical to the corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes are committed by the defendant, and the reasons for sentencing under Article 38(1)2, and Article 50 of the same Act are divided. The victims’ damage was partially recovered, and the Defendant’s wife’s health was not good, and the instant case is punished by imprisonment on July 21, 2016.