The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, the Prosecutor’s judgment was examined ex officio, and among the records of the facts charged, “The Defendant was sentenced on August 13, 2014 to imprisonment with prison labor for not less than eight months in the Gwangju District Court’s Netcheon Branch for fraud, and completed the execution of the sentence on December 27, 2014.

“The Defendant was sentenced to eight months of imprisonment for fraud in the Gwangju District Court’s Net Branch on August 13, 2014, and the enforcement of the sentence was terminated on December 27, 2014. On July 6, 2017, the Jeonju District Court sentenced the Defendant to one year and three months of imprisonment for fraud, and the judgment became final and conclusive on November 21, 2017.

It was changed to "," and the applicable law Article 37 "after Article 37 of the Criminal Act: Provided, That Article 39 (1) of the Criminal Act is added to "Article 39 (1) of the same Act, and this Court permitted this and changed to the subject of the judgment, the judgment of the court below was no longer maintained.

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

[Re-written judgment] The summary of facts constituting a crime and evidence acknowledged by this court is the part of the judgment of the court below regarding the record of the first head of the crime and evidence. “The defendant was sentenced on August 13, 2014 to be punished by imprisonment with prison labor for not less than eight months in the Gwangju District Court’s Macheon Branch on December 27, 2014, and the execution of the sentence was terminated on July 6, 2017, and the judgment became final and conclusive on November 21, 2017 upon being sentenced to imprisonment with prison labor for not more than one year and three months in the Jeonju District Court.

“Along with the addition of “1. No. 1. Inquiries and rulings” to the column for the examination of evidence, it is identical to each corresponding column of the judgment of the court below. As such, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;