The judgment of the court below is reversed.

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

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the sentence imposed by the defendant (two months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the records of this case show that the Defendant was sentenced to six months of imprisonment by the Incheon District Court for fraud, etc. on October 27, 2017, and the above judgment became final and conclusive on March 1, 2018. As such, the crime for which the judgment became final and the crime of this case are concurrent crimes in relation to a group after Article 37 of the Criminal Act, and the crime of this case are determined in consideration of equity and cases where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act, and thus, the judgment of the court below is no longer maintained.

3. Thus, 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, since there is a ground for reversal ex officio as above, and the judgment below is reversed, and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by this court is as follows: (a) the part of the judgment below’s “crime No. 1” in the column of “crime No. 1 of June 19, 2017” as “No. 25, 2015”; and (b) “criminal facts” as “No. 2 of the column of “criminal facts.”

“The part” was terminated, and on October 27, 2017, the Incheon District Court was sentenced to six months of imprisonment for fraud, etc., and the said judgment became final and conclusive on March 1, 2018.

In addition to the phrase “each appeal,” 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 Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes, but the reason for sentencing under Article 39(1) is that the Defendant committed the instant crime during the period of the same repeated crime that the Defendant should have been aware of even though he had already been able to do so, and that the Defendant did not agree with the victim.