The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven months.

An order for compensation by an applicant for compensation shall be dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (10 months of imprisonment) is too unreasonable.

2. According to ex officio records, the Defendant was sentenced to two years of imprisonment for fraud at the Daejeon District Court on April 27, 2016, and the said judgment became final and conclusive on May 5, 2016.

The crime of the judgment of the court below against the defendant and the crime of fraud against which judgment of the court below has become final and conclusive are concurrent crimes of the latter part of Article 37 of the Criminal Act, and the punishment for the crime of the court below shall be sentenced in consideration of the equality in the case where the judgment is concurrently rendered in accordance with the first part

Therefore, the judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: “The Defendant was sentenced to two years of imprisonment with prison labor at the Daejeon District Court on April 27, 2016, and the said judgment became final and conclusive on May 5, 2016,” and “1. Summary Information Inquiry” in the summary of the evidence.

1. In addition to the addition of “the text of the High Order 4371 of the High Order 2015”, the entry in the corresponding column of the lower judgment is as follows.

In accordance with Article 369 of the Criminal Procedure Act, they are quoted as it is.

Application of Statutes

1. Relevant Article 347 of the Criminal Act, Article 347 (1) of the Criminal Act, and the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 25(3)3 and 4 and Article 32(1)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation Order (the scope of Defendant Person’s liability for compensation is not clear, or the compensation order is issued in criminal proceedings.