The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Summary of Grounds for Appeal

The punishment of the lower court (ten months of imprisonment) is too unreasonable.

On October 2, 2014, the Defendant was sentenced to 8 months of imprisonment with prison labor at the Ulsan District Court for fraud, etc. on October 2, 2014, and the above judgment became final and conclusive on October 11, 2014. Since the Defendant committed each of the instant crimes before the above judgment becomes final and conclusive, each of the instant crimes committed in the latter concurrent crimes under Article 37 of the Criminal Act and each of the instant crimes committed in the latter concurrent crimes under Article 39(1) of the Criminal Act should be determined after examining whether to reduce or exempt the sentence, taking into account equity and cases where the judgment is concurrently rendered pursuant to

Therefore, the judgment of the court below which did not consider this was no longer maintained.

The judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court below is reversed, and the following is again decided after oral argument.

Criminal facts

The summary of the facts constituting a crime and evidence acknowledged by this court is as follows: "The defendant was sentenced to eight months of imprisonment for fraud, etc. at the Ulsan District Court on October 2, 2014, and the above judgment became final and conclusive on October 11, 2014" in the first head of the facts constituting a crime of the judgment of the court below; the summary of the evidence is as follows: "one copy of the final judgment by the defendant" is added to "one copy of the final judgment by the defendant on criminal records, etc." at the end of "one criminal records: criminal investigation records, investigation report (the previous judgment, and the period of confirmation of attachment and suspension of execution)" at the end of "one copy of the final judgment by the defendant" in the first head of the facts constituting a crime of the judgment of the court below

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for the crime, Article 347(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment for the crime;

1. The latter part of Article 37 of the Criminal Act for the treatment of concurrent crimes;