We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for two years.

The seized Incheon District Prosecutors' Office 2020No. 1230.

1. The summary of the grounds for appeal (e.g., a two-year imprisonment, etc., and a two-year imprisonment: a two-year imprisonment) of the lower court is too unreasonable.

2. The grounds for appeal by the defendant ex officio are examined ex officio prior to the judgment.

The judgment of the court below was pronounced to the defendant in sequential, and the defendant filed each appeal against the judgment of the court below.

This Court decided to consolidate the above two appeals cases.

However, each of the offenses committed by the lower judgment guilty is concurrent crimes under the former part of Article 37 of the Criminal Act.

In this regard, one punishment should be sentenced in accordance with Article 38 (1) of the Criminal Act.

Therefore, the judgment of the court below cannot be maintained as it is.

3. Since the above reasons for the reversal of authority as above exist, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the following is again decided after pleading.

Criminal facts

The summary of the facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329 and 330 of the Criminal Act, Article 319 (1) of the Criminal Act, Article 347 (1) of the Criminal Act (Fraud point and choice of imprisonment), Article 347 (1) of the Criminal Act for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, Article 50, and the proviso of Article 42 of the Criminal Act for the aggravation of concurrent crimes include all of the crimes in this case, and Article 48(1)2 and 3 of the Criminal Act include the fact that the amount of damage by each crime is not so large, etc., or there are several criminal records including three criminal punishment, and in particular, criminal records including the defendant are sentenced to punishment due to the same criminal records.