beta
Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than three months.
Reasons
1. The decision of the court below on the summary of the grounds for appeal (4 months of imprisonment) is unreasonable because it is too unreasonable.
2. Ex officio determination
A. The crime for which a judgment to face with imprisonment without prison labor or a heavier punishment has become final and conclusive and the crime committed before such judgment has become final and conclusive falls under concurrent crimes provided for in the latter part of Article 37 of the Criminal Act. In such cases, a sentence shall be imposed in consideration of the equity in cases where a crime among concurrent crimes is not adjudicated and a crime for which a judgment has become final and conclusive under Article 39(1) of the Criminal
If there are several previous convictions which form the basis for concurrent crimes in the latter part of Article 37 of the Criminal Act, the principle of equity shall be taken into account when the judgment is rendered simultaneously with respect to all of such final convictions. In the application of statutes, the mere omission of some of such final convictions cannot be deemed as failure to take account of equity (see Supreme Court Decision 2005Do9678, Mar. 23, 2006). In addition, if it is recognized that part of such final convictions has not been tried itself, it shall be deemed that the above consideration of equity is not fully taken (see Supreme Court Decision 2008Do209, Oct. 23, 2008). (b) According to the records, the defendant was sentenced to imprisonment with prison labor from the Daegu District Court Branch of Sep. 16, 2015 to the suspension of execution of execution, and the above fact that the defendant was sentenced to imprisonment with prison labor for 4 months and 40 hours before the said judgment became final and conclusive by the court.
If so, the crime of fraud of this case is established in accordance with Article 39 (1) of the Criminal Act in the relationship between the previous offense and the latter part of Article 37 of the Criminal Act, and Article 39 (1) of the Criminal Act.