The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case.

1. The summary of the grounds for appeal (public prosecutor) submitted a written waiver of appeal to the lower court on May 13, 2020, but submitted a petition of appeal to the lower court on the 14th day of the same month following the following day, and filed a petition of appeal to the lower court, and filed a petition of appeal with the original district court for prompt proceeding as prescribed by

Accordingly, on May 22, 2020, the above court rendered a decision to dismiss the defendant's appeal and the application for procedural speed in accordance with Article 354 of the Criminal Procedure Act, and the above decision became final and conclusive, and only the prosecutor's appeal remains.

Therefore, the defendant asserts that there was an error of mistake or misunderstanding of legal principles in the judgment of the court below, and sought ex officio judgment. As a result of ex officio, the judgment of the court below erred by misunderstanding of facts or misunderstanding of legal principles as to relative precedent, but it cannot be said that there was an error of misconception of facts or misunderstanding of legal principles as to the remaining parts, including

The sentence of the court below (one year and six months of imprisonment) is too unhued and unfair.

2. According to Articles 354 and 328 of the Criminal Act for ex officio determination, a crime of fraud among relatives living together should be exempted.

According to the records, the defendant is the mother of C, the spouse of the victim, and the defendant and the victim are recognized to have jointly engaged in daily life at the residence of the defendant around February 15, 2019. Thus, the fraud of February 15, 2019 (the crime inundation No. 19 of the judgment of the lower court) should be exempted from punishment pursuant to Articles 354 and 328(1) of the Criminal Act.

Nevertheless, the judgment of the court below which did not render a judgment of exemption from punishment on this part of the facts charged is erroneous in the misapprehension of legal principles as to relative funeral or thereby affecting the conclusion of the judgment.

However, since this part of the judgment of the court below which sentenced the defendant to a single punishment is in a concurrent relationship with the remaining guilty part of the defendant under the former part of Article 37 of the Criminal Code, the judgment of the court below

3. On the judgment of conviction on the part of the compensation order by the court below