A defendant shall be punished by imprisonment for not more than ten months.

The Defendant’s punishment (the first instance judgment: imprisonment with prison labor for six months, and imprisonment with prison labor for four months) of each lower court is too unreasonable, and the prosecutor is deemed to be too uneasible that the second instance court’s punishment is too uneasible and thus unfair.

Judgment

Each appeal case against the judgment of the court below was joined in the case of ex officio examination, trial, and each of the offenses of the defendants in the judgment of the court below constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, at the trial of the court, a judgment shall be rendered pursuant to Article 38 of the Criminal Act and a single sentence shall be sentenced. In this regard, the judgment of

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

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the corresponding part of each judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, and the choice of imprisonment, respectively;

1. The reason for sentencing Article 35 of the Criminal Act among repeated crimes is against the defendant, and the victim was returned from among the damaged goods of the crime of occupational embezzlement, but the defendant did not agree with the victims, the criminal records under the same and the same criminal records are several times, and the criminal records are going to commit the crime of this case during the period of repeated crime due to the previous violation, and other various matters specified in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's age, character and behavior, character and environment, are considered in light of the records and arguments of this case, and the punishment is determined as ordered.