The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination. According to the records of this case, the defendant was sentenced to four months of imprisonment for embezzlement in this court on July 16, 2014, and the above judgment became final and conclusive on July 24, 2014. As such, the crime of embezzlement for which the judgment became final and conclusive and the crime of embezzlement in the judgment of the court below are related to concurrent crimes under the latter part of Article 37 of the Criminal Act, and are determined after considering equity in cases where a judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act, and examining whether to reduce or exempt the sentence. Thus, the judgment of the court below

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as seen above, and it is again decided as follows.

【Reasons for the Judgment rendered in 201, the Criminal Procedure Act provides that “The defendant shall be punished by imprisonment with prison labor for four months for embezzlement on July 16, 2014, and the above judgment became final and conclusive on July 24, 2014,” and “1. Judgment” shall be included in the summary of the evidence, and thus, it shall be cited in the corresponding column of the judgment of the court below pursuant to Article 369 of the Criminal Procedure Act, except for addition of “1. Judgment” to the first head of the criminal facts as indicated in the judgment of the court below.

Application of Statutes

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. The reasons for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act are as follows: (a) the Defendant recognized the instant crime and repented in depth; and (b) the Defendant’s health status is not good; and (c) the instant crime is in the relationship of embezzlement for which the judgment became final and the latter part of Article 37 of the Criminal Act, such as the foregoing paragraph (2).