All the judgment of the court below in the first, second, and third instances shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and three months.

1. Summary of grounds for appeal;

A. Each punishment sentenced by the lower court (eight months of imprisonment, ten months of imprisonment, and six months of imprisonment) is too unreasonable.

B. The punishment sentenced by the second instance court (ten months of imprisonment) is too unhued and unfair.

2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.

The first, second, and third court rendered a judgment on each of the crimes of occupational embezzlement and occupational breach of trust to the defendant in the judgment of the court of the court of first instance, which is sentenced to the punishment of imprisonment of 10 months for each of the crimes of occupational embezzlement of the court of second instance, 10 months for each of the crimes of occupational embezzlement of the court of first instance, and 6 months for each of the crimes of occupational embezzlement of the court of second instance. The defendant filed an appeal against each of the above judgments and the prosecutor appealed against the second judgment of the court of second instance, and the court of second instance decided to consolidate the above cases of 2014No216 and 204No672, which are the cases of appeal of the court of second and third court.

However, since the crimes of the defendant 1, 2, and 3 are concurrent crimes under the former part of Article 37 of the Criminal Act, they should be sentenced to a single sentence within the scope of punishment subject to aggravated punishment pursuant to Article 38 (1) of the Criminal Act, the judgment of the court below in this regard was all reversed.

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 and the prosecutor's assertion of unfair sentencing, and the judgment of the court below in the first, second, and third under Article 364 (2) is all reversed, and the following is again decided after pleading.

Criminal facts

The summary of the evidence and the facts constituting the crime acknowledged by this court and the summary of the evidence are different from the facts constituting the crime in the judgment of the court of the court of the court of the court of the court of the third instance, and the facts constituting the crime in the judgment of the court of the court of the court of the court of the court of the court of the court of the court of the first instance, which are the same day.