The defendant case portion and the second judgment of the court of first instance shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and four months.

The summary of the grounds for appeal (unfair form of punishment) of Defendant 2 (the first instance court: imprisonment with prison labor for 2 years and the second instance court: imprisonment with prison labor for 4 months) is too unreasonable.

The prosecutor's second instance court's punishment is too unhued and unreasonable.

In regard to the judgment of the court below, the prosecutor filed each appeal against the second judgment of the court below, and the court decided to concurrently examine the above appeal cases.

Each crime of the judgment below against the defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed within the scope of a limited term of punishment pursuant to Article 38(1) of the Criminal Act. In this regard, the part of the judgment of the first instance and the judgment of the second instance cannot be maintained.

According to the records of this case, the Defendant, at the Incheon District Court on July 5, 2019, sentenced to a suspended sentence of four months for embezzlement, and became final and conclusive on July 13, 2019.

According to the above facts of recognition, the crime of embezzlement against the defendant for which each crime of the judgment below and the judgment of the court below against the defendant have become final shall be sentenced to punishment for each crime of the judgment below in consideration of equity in the case of concurrent crimes under Article 39(1) of the Criminal Act.

In this respect, the defendant case part of the first judgment and the second judgment cannot be maintained as they are.

In conclusion, the judgment of the court below on the above ground of ex officio reversal is reversed under Article 364(2) of the Criminal Procedure Act without examining the argument of unfair sentencing by the defendant and the prosecutor, and all of the judgment of the court of first instance is reversed, and it is again decided as follows.

[C] Criminal facts and summary of evidence recognized by this court are as follows. The first head of each judgment below's criminal facts is "the defendant shall be punished by imprisonment with prison labor for four months at the Incheon District Court on July 5, 2019."