The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and six months of imprisonment) is too unreasonable.

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

According to the records, the Defendant was sentenced to four months of imprisonment for embezzlement in Seoul Southern District Court Decision 2016 High Court Decision 4988 Decided February 9, 2018, and the above judgment became final and conclusive on the same day as the withdrawal of Defendant’s appeal on February 20, 2018. The criminal facts in the judgment of the court below are in a concurrent relationship with the crime of embezzlement for which judgment became final and conclusive pursuant to Article 39(1) of the Criminal Act with the case of concurrent crimes after Article 37 of the Criminal Act, and thus, the judgment of the court below cannot be maintained further.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed, and it is again decided as follows.

[Grounds for the lower court’s judgment] The summary of the facts constituting an offense and the evidence admitted by the lower court and the summary of the evidence are as follows: “The Defendant was sentenced to four months of imprisonment for embezzlement at the Seoul Southern District Court on February 9, 2018 and the said judgment became final and conclusive on February 20, 2018.

Except for the addition of “,” it is identical to each corresponding column of the lower judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 347 (1) and Article 30 of the Criminal Act concerning the crime;

1. After Article 37 of the Criminal Act, the reason for sentencing provided for in Article 39 (1) of the same Act;

1. Scope of applicable sentences under law: Three years to thirty years; or

2. As the instant crime subject to the sentencing guidelines is one of the concurrent crimes before and after Article 37 of the Criminal Act, the sentencing guidelines do not apply.

3. Determination of sentence: Imprisonment with prison labor for three years, the defendant.