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The judgment of the court below is reversed.
The first crime of the judgment of the defendant shall be punished by imprisonment with prison labor for seven months, and the first crime of the judgment.
Reasons
1. Summary of grounds for appeal;
A. The part of the crime Nos. 2 through 6, 15, and 19 in the crime list of paragraph (1) of the crime committed in the judgment of the court below in the misconception of facts in the judgment of the court below is merely being paid insurance money from the insurance companies that had been admitted to a hospital for medical treatment by suffering injuries due to the fact that the defendant actually saw or was in excess of stairs, etc., and although the defendant did not have been admitted to the hospital by pretending false injuries for the purpose of receiving insurance money, the court below found the defendant guilty of this part of the facts charged, which affected the judgment,
B. Even if the court below found the Defendant guilty on the whole of the facts charged of this case, the punishment (one year of imprisonment with prison labor and two months of imprisonment with prison labor for the first and second crimes at the time of original adjudication) declared by the court below is too unreasonable.
2. Determination
A. Before the judgment on the grounds for appeal by the defendant ex officio, the records of this case show that the defendant was sentenced to a suspended sentence of two years on July 23, 2008 due to a crime of violation of the Act on the Punishment of Acts of Arranging Sexual Traffic, etc. at the Suwon District Court, and that the above judgment became final and conclusive on July 31 of the same month. As such, the records Nos. 24, 25 attached to the crime for which the judgment became final and the crime of violation of the Act on the Punishment of Acts of Arranging Sexual Traffic, etc., and each of the crimes No. 24, 25 attached to the annexed crime No. 3, 4, 4, and 25 separately indicate each of the crimes of the judgment below concerning the crime of violation of Article 39(1) of the Criminal Act. Despite the fact that the judgment of the court below should be rendered simultaneously and the principle of equity, the judgment below did not err by failing to take measures as to the crimes of violation of the Act on the Punishment of Acts of Arranging Sexual Traffic, etc.