The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended sentence in six months of imprisonment) is too unhutiled and unfair.

2. We examine ex officio prior to judgment on the grounds for ex officio appeal.

"A crime for which judgment to face with imprisonment without prison labor or heavier punishment has become final and a crime committed before such judgment has become final and conclusive" shall constitute concurrent crimes prescribed in the latter part of Article 37 of the Criminal Act. In such cases, a punishment shall be imposed in consideration of equity in cases where a crime among concurrent crimes has become final and conclusive under Article 39 (1) of the Criminal Act and a crime for which judgment has not become final and conclusive

According to the records, on March 16, 2017, after the judgment of the court below was rendered, the defendant was sentenced to a suspended sentence of two years for a crime of fraud in the support of Suwonwon, which is a method of Suwonwon, and the above judgment becomes final and conclusive around that time.

Therefore, the judgment of the court below which did not sentence punishment for the instant crime in consideration of equity and the case of judgment at the same time as the above judgment becomes final and conclusive can no longer be maintained.

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

Criminal facts

The summary of the facts charged and the evidence admitted by this court is the first head of the crime history of the judgment of the court below. The defendant was sentenced to imprisonment with prison labor for six months in the period of imprisonment with prison labor on March 16, 2017 and the above judgment became final and conclusive around that time, in the first head of the crime history of the court below.

Except for the addition of “,” it is identical to each corresponding column of the lower judgment, and thus, it is cited 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. Article 37 of the Aggravation of Concurrent Crimes Act.