The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (ten months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unhued and unfair.

2. Examination ex officio prior to the judgment on the grounds for appeal by the Defendant and the prosecutor.

According to the records, the defendant was sentenced to one month of imprisonment for a violation of road traffic law (unlicensed driving) at the Cheongju District Court on December 6, 2012 and completed the execution of the sentence in the Daejeon Prison Branch on January 5, 2013.

Therefore, each of the crimes of this case constitutes a crime committed within 3 years after the execution of the above punishment was completed, and the court below erred in omitting the sentence even though it should have aggravated the aggravation of repeated crime according to Article 35 of the Criminal Act if the defendant selected imprisonment for each of the crimes of this case committed during the repeated crime period.

In this respect, the judgment of the court below is no longer maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment of the court below is reversed in accordance with the above ex officio grounds for reversal (the defendant asserted that the defendant was guilty on September 27, 2017 on the date of public trial, but this is not a legitimate ground for appeal since it was raised after the lapse of the period for submitting an appeal, and it cannot be a legitimate ground for appeal, and ex officio examination is without merit).

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 228(1) of the Criminal Act for the crime at issue (a point of entry of a false electronic record in the form of an official electronic record), Articles 229 and 228(1) of the Criminal Act for each of the crimes at issue (a point of events of an false electronic record) and Article 314 of the Criminal Act for each of the crimes at issue.