All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that from the date of this judgment.

1. Each sentence sentenced to the defendant by the first and second depths of the grounds for appeal (the first instance court: imprisonment of six months, two years of suspension of execution, two years of protection observation order, two years of community service order, 40 hours of community service order, two years of suspension of execution in one year, and 120 hours of community service order) is too unreasonable;

2. The defendant filed an appeal against the judgment of the court below Nos. 1 and 2, and this court decided to hold a joint hearing of the above two appeals cases. Since each of the offenses in the judgment of the court of first and second instance against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and one of the offenses in the judgment of the court below should be sentenced. Thus, the judgment of the court below cannot avoid the whole reversal.

3. In conclusion, without further proceeding to decide on the Defendant’s grounds of appeal, the lower judgment is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the following is again decided after pleading.

【Grounds for another judgment】 Since the respective corresponding parts of the Resolution of KRW 1 and KRW 2 are the same as the relevant parts of the Criminal Procedure Act, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 48 of the relevant Act as to the facts constituting an offense, and Articles 48 subparagraph 3 and 26 (1) of the Act on the Promotion of National Sports for the Selection of Punishment (in combination, the point of gambling similar sports discussions, the choice of imprisonment with prison labor), Articles 356 and 355 (1) of the Criminal Act (in combination, the point of occupational embezzlement and the choice of imprisonment with prison labor);

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. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and the observation order to observe the protection: The size of similar sports Saturdays is significant, and the amount of occupational embezzlement is large.

The favorable circumstances shows the attitude of the defendant to recognize and reflect all crimes.

In consultation with the victim of occupational embezzlement, the victim is unable to punish the defendant.

The defendant is the first offender.

The defendant, including the above unfavorable circumstances, favorable circumstances.