All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

1. Each sentence (No. 10 months of imprisonment with prison labor, and No. 2 months of imprisonment with prison labor) declared by the court below on the gist of the grounds of appeal is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant's ex officio, and ① the defendant filed an appeal against the judgment of the court below, and the arguments were combined in the court of first instance. Since each crime the judgment of the court below rendered is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the judgment of the court below which rendered a separate sentence for each of the above crimes cannot be maintained in this respect, and ② according to the statement made by the defendant at the court of first instance on February 8, 2017, the defendant was sentenced to six months of imprisonment for fraud at the Busan District Court and became final and conclusive on May 27, 2017. As above, each crime under the judgment of the court of first instance, which became final and conclusive, is concurrent crimes under Article 37 of the Criminal Act, and at the same time, concurrent crimes under Article 39 (1) of the Criminal Act are concurrent crimes under Article 39 (1) of the Criminal Act, and thus, the judgment of the court of first instance cannot be determined in this case in consideration of equity.

3. Accordingly, 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 below is reversed in entirety, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as follows. On February 8, 2017, the first head of the original judgment of the court of first instance was sentenced to imprisonment for six months at the Busan District Court for fraud, and the judgment was finalized on May 27, 2017.

“A summary of the evidence of the first instance judgment” is written in each of the relevant columns of the lower judgment, except for addition of “the Defendant’s oral statement at the trial” in the preceding and preceding judgments in the summary of the evidence of the first instance judgment.