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 reasoning of the appeal is that of the lower court’s punishment (eight months of imprisonment) is too unreasonable.

2. We examine ex officio the grounds for appeal prior to the judgment.

"A crime for which judgment to face with imprisonment without prison labor or heavier punishment has become final and a crime committed before such judgment has become final and conclusive" shall constitute concurrent crimes prescribed in the latter part of Article 37 of the Criminal Act. In such cases, a punishment shall be imposed in consideration of equity in cases where a crime among concurrent crimes has become final and conclusive under Article 39 (1) of the Criminal Act and a crime for which judgment has not become final and conclusive

According to the records, the Defendant, who was sentenced to the lower judgment on July 6, 2017, was sentenced to a suspended sentence of two years on July 14, 2017 by imprisonment with prison labor for the crime of breach of trust at the Suwon Friwon, which was after the lower judgment was rendered, and the said judgment became final and conclusive on July

Therefore, the judgment of the court below which did not sentence punishment for the instant crime by taking into account the case where the above judgment was rendered simultaneously with the case where the crime of breach of trust became final and conclusive, thereby making it impossible to maintain any further

3. In conclusion, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows: “The defendant was sentenced to a suspended sentence of two years on July 14, 2017 to imprisonment with prison labor on July 6, 2017 and the suspended sentence of two years on July 14, 2017.”

Except for the addition of “the pertinent column of the lower judgment,” it is identical to each corresponding column of the lower judgment, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense and Article 347 (1) of the Selection of Punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reason for sentencing under Article 62(1)(i) of the Criminal Act is to be led to the confession of crimes.