The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

1. The sentence imposed by the lower court (two years and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the evidence submitted by the Prosecutor was examined by the first instance court on October 21, 2016, and the Defendant’s judgment became final and conclusive on December 29, 2016 after having been sentenced to one year of imprisonment for embezzlement and two years of suspended execution at the Daegu District Court on October 21, 2016. As above, the crime of embezzlement and each of the crimes of this case, for which the judgment became final and conclusive, are determined after examining whether to reduce or exempt punishment by taking into account the case of concurrent crimes under Article 39(1) of the Criminal Act and equity, so the lower judgment cannot be upheld in this respect.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged by this Court and the summary of the evidence were the first head of the lower judgment’s criminal history. “The Defendant was sentenced to one year of imprisonment with prison labor at the Daegu District Court on October 21, 2016 and two years of suspended execution, and the judgment was finalized on December 29, 2016.

“Before the judgment of the court below” was added to “1. Before the judgment of the court below: Daegu District Court 2014 High Court 4732 High Court 2014 High Court 2015 High Court 2015 High Court 1810 High Court 2016 and Supreme Court 2016Do17934,” and the corresponding column of the judgment of the court below is the same as the corresponding column of the court below. Thus, it is cited as it is pursuant to Article 369 of the Criminal

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of a penalty;

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (the largest penalty for concurrent crimes).