The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The 6-month imprisonment sentenced by the court below is too unreasonable.

2. Before determining the grounds for appeal by the Defendant’s ex officio, prior to the determination of the grounds for appeal by authority, the Prosecutor’s “ [criminal facts and criminal records]” of the facts charged in the instant case was examined by the Prosecutor, and “The Defendant was sentenced by the Daegu District Court on August 16, 2018 to six months of imprisonment with prison labor for the crime of giving property in breach of trust and two years of suspended execution, and the said judgment became final and conclusive on December 10, 2019,” respectively, applied for amendments to an applicable provisions of Article 37 of the Criminal Act by adding “the latter part of Article 37 of the Criminal Act” to “the latter part of the same Act,” and the judgment of the lower court was modified

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

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: “The defendant was sentenced to 6 months of imprisonment with prison labor and 2 years of suspended execution for the crime of giving property in breach of trust at the Daegu District Court on August 16, 2018; and the above judgment became final and conclusive on December 10, 2019.” The summary of evidence “the summary of evidence” is the same as the statement in each corresponding column of the judgment of the court below except where “1.1.1. the defendant’s partial statement” is deemed as “the defendant’s court statement at the trial of the court of the court of the court of the court of the defendant”; thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 152(1) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act (including favorable circumstances, etc. as seen below):

1. The perjury in the criminal trial for sentencing under Article 62-2(1) of the Social Service Order Act is a critical issue.