All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a period of ten months.

1. The summary of the grounds for appeal (the 10 months of imprisonment with prison labor and the 2 months of imprisonment with prison labor) of the lower court is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, this Court tried to examine the two cases of appeal by combining the two cases of appeal by the defendant. The crimes of each case deliberated in the trial by the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, which shall be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38 (1) of the Criminal Act. Thus, each judgment of the court below cannot escape from reversal.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act on the ground that the above ground for ex officio reversal is established, and it is again decided as follows.

Criminal facts

The gist of the facts charged and the gist of the evidence admitted by the court is as follows: (a) except where the “court statement of the defendant 1.1” in the summary of the evidence is deemed as the “court statement of the defendant 1.1.1.1,” the respective corresponding columns of the judgment of the court below, and thus, they are cited in accordance with

Application of Statutes

1. Relevant provisions of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the fact that the reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act appears to have recognized and reflected his mistake, and that the amount of damage is relatively large is more favorable.

Meanwhile, in 2006, the Defendant was punished by imprisonment with prison labor for one year and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and one year for occupational embezzlement in 2012. As above, even after having been punished for occupational embezzlement, the Defendant was punished three times for occupational embezzlement in 2013.