The judgment of the court below is reversed.

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

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months and the suspension of execution of two years) is too unreasonable.

2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.

According to the evidence duly adopted and examined by the lower court, the Defendant was sentenced to a two-year suspended sentence of imprisonment on January 12, 2017 due to occupational breach of trust, etc. at the Cheongju District Court on January 12, 201 and the judgment became final and conclusive on January 20, 2017.

Therefore, the crime of occupational breach of trust and the crime of breach of trust in the judgment of the court below against the defendant, for which the judgment of the court below became final and conclusive, shall be sentenced to punishment for the crime in consideration of equity in the case where the judgment is to be rendered at the same time in accordance with Article 39 (1) of the Criminal Act, since the crime of occupational breach of trust and the crime

3. Thus, 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.

[Re-written judgment] The summary of facts constituting an offense and evidence admitted by the court and the summary of the evidence are as follows: “Criminal facts” in the first head “criminal facts” of the judgment of the court below was sentenced to three years of suspended execution due to occupational breach of trust, etc. at the Cheongju District Court on January 12, 2017 and became final and conclusive on January 20, 2017.

“A summary of evidence” is as follows: “A copy of the judgment: a copy of the text of the judgment; and a summary information inquiry of the case” is added at the last time; therefore, it is identical to each corresponding column of the judgment of the court below; thus, it is cited 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 choice of punishment for the crime, and the choice of imprisonment;

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 Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.