The judgment of the court below is reversed.

As to the crime No. 1 of the judgment of the court below, the defendant is punished by imprisonment with prison labor for 4 months, and No. 2 of the judgment.

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

2. According to the records of ex officio determination, the Defendant was sentenced to one year of imprisonment with prison labor, embezzlement, etc. at the Suwon District Court on July 24, 2009 by fraud, etc., and the judgment became final and conclusive on January 28, 2010, and on November 7, 2013, the Daegu District Court sentenced ten months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. (fence) and recognized the fact that the judgment became final and conclusive on March 22, 2014.

Between fraud, etc. which became final and conclusive on January 28, 2010 and the first crime (Fraud), which became final and conclusive on March 22, 2014 as indicated in the lower judgment, and the second crime of violation of the Act on the Control of Narcotics, etc. (Obstruction of Rights) and the second crime of violation of the Act on the Control of Narcotics, etc. (Obstruction of Rights) as indicated in the lower judgment, a punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity and the case where a judgment is concurrently rendered in accordance with Article 39(1) of the Criminal Act. Since the application of the statutes of the lower judgment omitted the treatment of concurrent crimes,

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above reasons for the reversal of authority, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts of the crime and evidence admitted by this court is as follows: "The defendant was sentenced to one year of imprisonment with prison labor for fraud, etc. at the Suwon District Court on July 24, 2009, and eight months of such sentence was finalized on January 28, 2010; on April 24, 2012, the defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. at the Suwon District Court on the part of the Suwon District Court on April 14, 2012; and the execution of the sentence was completed at the Suwon District Court on October 14, 2012; and on November 7, 2013, the Daegu District Court violated the Act on the Control of Narcotics, etc. ( native) at the Daegu District Court on November 7, 2013.