횡령등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for four months.
1. The decision of the court below on the gist of the grounds for appeal (eight months of imprisonment) is too unreasonable.
2. According to the records of ex officio determination, the Defendant was sentenced to two years of imprisonment for a crime of fraud, embezzlement, fabrication of private documents, and the crime of deception of the above investigation document at the Gwangju District Court on February 25, 2016, and the judgment became final and conclusive on March 4, 2016, and on March 5, 2015, the Defendant was sentenced to two years of suspended sentence for eight months of imprisonment for fraud at the same court propagation support on March 5, 2015, and appealed, but the said judgment became final and conclusive upon withdrawal of appeal on April 18, 2016.
Accordingly, in each of the above crimes for which the defendant's crime of this case and the judgment of this case become final and conclusive, in relation to the concurrent crimes of each group after Article 37 of the Criminal Code, a sentence shall be imposed to the court below in consideration of the equity in the case where the judgment is to be rendered at the same time in accordance with the main sentence of Article 39 (1) of the Criminal Code, so
3. As such, 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 unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as follows: “The defendant was sentenced to two years of imprisonment with prison labor at the Gwangju District Court on February 25, 2016 and the judgment became final and conclusive on March 4, 2016; on March 5, 2015, the defendant was sentenced to two years of suspension of execution for eight months of imprisonment with prison labor for fraud in the same court application on March 5, 2015.
“A previous conviction in the judgment of 1.” is written in each corresponding column of the judgment of the court below, except for the following additions: “A previous conviction in the judgment of 2015 [Attachment 3682, 3723, 3755, 4827, 4827, 2124, 2015, 715, 715, 2015, 715, 2015, 2015, 205, 2015, 2015, 205, 2015, 205, 2015, 205, 2015, 205, 205, 2015, 200