The part concerning the defendant in the first judgment and the part concerning the defendant in the second judgment shall be reversed, respectively.

Summary of Grounds for Appeal

The sentence of the lower court (three years of imprisonment with prison labor of the first lower court, and one year and six months of imprisonment with prison labor of the second lower court) is too unreasonable.

Judgment

Prior to the judgment on the grounds for appeal by the defendant, the defendant filed an appeal by dissatisfied with the judgment of the court of first and second instances, and the court of the court of the first instance decided to hold a joint hearing of each of the above appeals cases. Since all the criminal facts of each of the above cases against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below against the defendant cannot be maintained any more. In this regard, since each of the above criminal facts of each of the above cases against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, the prosecutor applied for the revision of the indictment by adding the facts charged under subparagraph 2-B and (c) to the facts charged in the crime of occupational embezzlement of the court of second instance, and the party members

As seen above, there exist grounds for ex officio reversal, under Article 364(2) of the Criminal Procedure Act, the part of the first and the second and second judgment of the defendant are reversed without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

[C] The crime history A was a public official in charge of general administration of budget-related affairs, such as fuel costs, as the director of the accounting division, who performs the accounting affairs of the victim K police station from February 28, 2003 to September 6, 2012. The defendant was the director of the management office of the L station owned by the victim N who supplies oil to the above police station, and was engaged in the oil sales and collection affairs at the above gas station from February 27, 2004 to March 26, 2013, and C was the actual operator of the above gas station.

1. On January 2006, the Defendant and A, and C co-principal A shall be embezzled with excessive distribution of fuel costs from the Jeonnam Provincial Police Agency MM and the K police training center.