The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal is that the punishment prescribed by the court of the original instance (two years of suspended sentence of ten months, protection observation, community service, additional collection 20,00 won) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal.

On October 6, 2016, the Defendant was sentenced to a two-year suspended sentence of 8 months imprisonment with labor on the following grounds: (a) the Defendant was found to have committed a crime of fraud, fabrication of private documents, and the crime of gambling in the above investigation documents, and was sentenced to a two-year suspended sentence on October 14, 2016.

Each of the above crimes and the crimes decided by the court below is the concurrent crimes of Article 37 of the Criminal Code.

Punishment shall be determined after examining whether to grant concurrent judgment and equality in accordance with Article 39(1) of the Criminal Act and whether to reduce or exempt punishment.

In this respect, the judgment of the court below is no longer maintained.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, and the judgment below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited by Article 369 of the Criminal Procedure Act

However, on October 6, 2016, the first head of the crime was sentenced to a two-year suspended sentence of 8 months for the crime of fraud, fabrication of private documents, and deception of the above investigation document in the support of Sungnam branch of Suwon branch of Suwon branch of the defendant on October 6, 2016. The judgment became final and conclusive on October 14, 2016.

“” shall be added.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 and Article 2 (2) 3 of the Act on the Management of Narcotics, Etc. for the Prevention of Criminal Facts and the Selection of Punishment, etc., and Selection of Imprisonment with prison labor;

1. The latter part of Article 37 of the Criminal Code for the treatment of concurrent crimes, provided that Article 39.