The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for four months.

1. The sentence imposed by the court below (4 months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the defendant was sentenced to two years to imprisonment with prison labor for a violation of the Telecommunications Business Act at the Incheon District Court on July 16, 2020, and the defendant appealed and appealed but the appeal was dismissed on January 15, 2021, which became final and conclusive as it is. Thus, the crime of the decision of the court below and the crime for which the above judgment became final and conclusive are concurrent crimes after Article 37 of the Criminal Act, in which the crime of the judgment of the court below and the crime of which the judgment of the court below became final and conclusive, are related to a group of concurrent crimes after Article 39(1) of the Criminal Act, and the punishment shall be determined at the same time after considering equity with the case where the judgment is to be ruled,

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

【The grounds for the final judgment that was used again] The criminal facts and summary of the evidence acknowledged by the court below and the summary of the evidence were the first head of the crime of the judgment below. The judgment below became final and conclusive as the appeal was dismissed on January 15, 2021, as the defendant was sentenced to two years of imprisonment with prison labor at the Incheon District Court on July 16, 2020 due to the violation of the Electronic Financial Transactions Act.

In addition, “the text of the judgment and the summary information of the case” is added to “the summary information” at the end of the evidence, and as stated in each corresponding column of the judgment of the court below, this is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 97 Subparag. 7 and Article 30 of the Act on the Punishment of Criminal Crimes and Article 97 Subparag. 7 and Article 30 of the Telecommunications Business Act, Article 30 of the Criminal Act, Article 35 of the Criminal Act aggravated aggravation of repeated crimes of choice of imprisonment, provided that Article 37 of the Criminal Act is applicable.