The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The sentence of the lower court (six months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

On April 26, 2017, the Defendant was sentenced to one year and six months of imprisonment for rape, etc. by the Busan High Court, and the judgment became final and conclusive on June 29, 2017. The crime of the Defendant’s judgment and the crime of fraud, which became final and conclusive, are in the relation of concurrent crimes by a group after Article 37 of the Criminal Act and Article 39(1) of the Criminal Act, and shall be sentenced to punishment for the crime as stated in the judgment of the lower court, taking into account equity with the case where a judgment is rendered

In this regard, the prosecutor added "the latter part of Article 37 of the Criminal Act and Article 39 (1) of the Criminal Act" to the provisions of the law applicable to the indictment of this case in the trial of the party, and "the defendant was sentenced to imprisonment with prison labor and six months from the Busan High Court on April 26, 2017, and the judgment became final and conclusive on June 29, 2017.

“A request for amendments to Bill of Indictment was filed,” and this Court allowed this.

In this respect, the judgment of the court below cannot be maintained as it is.

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

Criminal facts

The summary of the facts constituting a crime and the evidence admitted by this court is the first head of the judgment of the court below, and the judgment was finalized on June 29, 2017 after the defendant was sentenced to imprisonment with prison labor on April 26, 2017 by the Busan High Court for rape, etc.

“A previous conviction in the judgment of the court below” and “a summary of evidence” are as stated in each corresponding column of the court below, except for the addition of “a reply to inquiry, investigation report (final judgment), and copy of the judgment” as stated in the last sentence of “1. A criminal history, etc.” as stated in the corresponding column of the court below. Thus, it is as is in accordance with Article 369 of