A defendant shall be punished by imprisonment for one year.

A. The punishment sentenced by the court of first instance (seven months of imprisonment) against the judgment of the court of first instance is too unreasonable.

B. The punishment sentenced by the second instance court on the judgment of the second instance (eight months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, the first and second court rendered ex officio a separate examination as to the crime of occupational embezzlement as set forth in the first instance court’s holding that the defendant was punished by imprisonment with prison labor for seven months, and the second court sentenced the defendant for eight months as to the crime of forging private documents and the crime of uttering of private investigation documents as set forth in the second instance judgment.

Since then, the defendant filed an appeal against each of the above judgments, and the court of the court of the first instance decided to consolidate the above cases of 2014No2985, the appeal case of the court of the second instance. Each of the crimes of the court of the first and second instance is concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of one severe criminal penalty pursuant to Article 38(1) of the Criminal Act, so the judgment of the court of the court below is no longer maintained in this respect.

3. If so, 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 judgment below is reversed, and it is again decided as follows through pleading.

Criminal facts

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

Application of Statutes

1. Relevant Article of the Criminal Act, Articles 356 and 355(1) of the Criminal Act (generally, the point of occupational embezzlement), Article 231 of the Criminal Act, Article 234 of the Criminal Act, and Article 234 of the Criminal Act concerning the crime;