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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for six months.
Reasons
1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.
2. Prior to the judgment on the defendant's assertion of unfair sentencing, the court below decided that the defendant is charged with the crime No. 2 as a co-principal of the crime of occupational embezzlement as stated in the judgment of the court below (it is reasonable to judge that the crime No. 2 as stated in the judgment of the court below is punished as a co-principal of the crime of occupational embezzlement even though this part is not clear in the judgment of the court below. Considering this, the records show that the defendant was punished as a co-principal of the crime of occupational embezzlement. According to the records, the defendant has no status as a person in charge of occupational embezzlement. Thus, the crime No. 2 as stated in the judgment of the court below should be established by the main sentence of Article 33 of the Criminal Act, but the defendant should be punished as a simple embezzlement under the proviso of Article 33 of the Criminal Act. However, the court below's judgment on the defendant is erroneous by misapprehending legal principles, which affected the conclusion of the judgment.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows, without examining the defendant's above grounds for reversal of authority as above.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Articles 356 and 355(1) of the Criminal Act (the point of occupational embezzlement) concerning criminal facts, and Articles 356, 355(1), and 30 of the Criminal Act concerning the joint occupational embezzlement, and the defendant shall be the defendant;