The judgment of the court below is reversed.

The punishment of the accused shall be determined by eight months of imprisonment.

Summary of Grounds for Appeal

The sentence of the court below (two years of suspended execution for one year of imprisonment, one hundred and twenty hours of community service) is too unhued and unfair.

Before the judgment on the grounds for appeal by the prosecutor ex officio, the Prosecutor added "the defendant was sentenced on April 3, 2014 to 1 year and 6 months of imprisonment with prison labor and 3 years of suspended execution as a result of fraud from the Daejeon District Court Seosan Branch, which became final and conclusive on April 11, 2015" to the first head of the charges against the defendant in this court, and applied for the amendment of amendments to the indictment containing addition of "Article 37 and 39 (1) of the Criminal Act in the applicable provisions of law", and the subject of the trial was changed by this court's permission. Thus, the first judgment of the court below cannot be maintained further.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the judgment below is reversed and it is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are added to the first head of the facts charged and the summary of the evidence as stated in the above 2. Paragraph 2., and "(Before the date of sale)."

1. Except for adding a defendant's oral statement or written judgment, all of the judgment below's corresponding columns are the same as that of each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 136 (1) of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, Article 347 (1) of the Criminal Act, and Article 347 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutually between the crimes of obstruction of performance of official duties and the crimes of injury to victim I);

1. Selection of each sentence of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The defendant's mistake in sentencing reasons under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code aggravated concurrent crimes.