The judgment below

The part of the case of the defendant is reversed.

Defendant 2017 High Order 112, High Order 2017 High Order 1014, High Order 2017 High Order 2412, High Order 2412.

1. Summary of grounds for appeal;

A. Each punishment sentenced by the lower court (each of the crimes listed in the judgment 112, 1014, 2412, 3053, and 3512: Imprisonment with prison labor for two months, and each of the remaining crimes listed in the judgment: 10 months) is too unreasonable.

B. Each of the above types sentenced by the court below by the prosecutor is too unhued and unfair.

2. Before ex officio determination of the grounds for appeal by the Defendant and the prosecutor, according to the records, the crime of 2017 senior group 3053 of the judgment of the court below was committed after the judgment of the Defendant, who was sentenced to a suspension of the execution of six months by imprisonment at the Busan District Court on January 20, 2017, became final and conclusive on January 20, 2017. Thus, the crime of 2017 senior group 3053 of the Criminal Act cannot be established between fraud, etc. which became final and conclusive on January 20, 2017 and the crime of 201 senior group 3053 of the judgment of the court below, and there is no room to apply Article 39 (1) of the Criminal Act, which provides that when a sentence is imposed on a crime for which judgment has not been rendered, the crime and the crime

However, the lower court was able to simultaneously render a judgment on the crime of fraud, etc. for which the judgment became final and conclusive on January 20, 2017 and Article 3053 of the 2017 High Order, supra.

On the other hand, after the latter part of Article 37 of the Criminal Code dealing with the concurrent crimes, the crime committed before the final judgment of January 20, 2017 is in the concurrent crimes of Article 37 of the Criminal Code and Article 2017 order 2017 order 112, 2017 order 1014, order 2017 order 2412, order 2017 order 2017 order 3053 order 2017 order 3053 of the Criminal Code.

In this regard, the part of the judgment of the court below in this regard could not be maintained.

3. Accordingly, the part of the judgment of the court below regarding the defendant's case is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without further proceeding to decide on each of the unfair arguments of sentencing by the defendant and the prosecutor, and the part of the judgment of the court below regarding the defendant's case is again decided as follows after pleading.

Criminal facts

The Court shall have jurisdiction over the summary of the evidence and evidence.