The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.

2. Examining the record of the instant case’s ex officio determination, the Defendant was sentenced to three years of suspension of execution on November 26, 2015 to two years and six months of imprisonment with prison labor due to occupational embezzlement, etc. from the Incheon District Court’s Branch Branch Branch Branch on November 26, 2015, and such judgment became final and conclusive on December 4, 2015

Since the crime of embezzlement, etc. and the crime of this case, which became final and conclusive, shall be determined in consideration of equity and equality in cases where a judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act with respect to concurrent crimes in the latter part of Article 37 of the Criminal Act, the lower court that did not take such measures shall no longer maintain

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 it is again decided as follows.

Criminal facts

On November 26, 2015, the summary of the facts charged by this court and the summary of the evidence was sentenced to three years of suspension of execution on December 4, 2015 from Incheon District Court Branch of the Incheon District Court to imprisonment with prison labor for occupational embezzlement, etc., and the judgment became final and conclusive on December 4, 2015.

With the exception of adding “other than the foregoing,” as described in each corresponding column of the lower judgment, this is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 355 of the Criminal Act, Articles 355(1) and 347(1) of the Criminal Act, the choice of imprisonment for a crime, and the choice of imprisonment for a crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act (i.e., the reasons indicated in the following sentencing), the records and arguments of the instant sentencing conditions, and the criminal records of the same kind other than those in the latter part of Article 37 of the Criminal Act.