All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

Summary of Grounds for Appeal

Each sentence (the first instance judgment: imprisonment with prison labor for 1 year, and 6 months) imposed on the accused by the lower court is too unreasonable.

Prior to the judgment on the grounds for appeal by the defendant ex officio, the court of original judgment rendered a separate judgment after examining the defendant, and the defendant filed an appeal against each of the above decisions, and this court decided to hold concurrent hearings of the above two appeals. Each of the crimes of the court below 1 and 2 against the defendant should be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes under Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. In this regard, the judgment of the court below cannot be exempted from all of its reversal.

In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court below is reversed in its entirety, and it is again decided as follows through pleading.

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are all the same as the entries of the judgment below, and they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Articles 355 (1) and 347 (1) of the Criminal Act (the point of embezzlement) and Article 347 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the reason for sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act is that the defendant confessions all of the crimes of this case and is in violation of depth. The crime of this case is a concurrent crime under the latter part of Article 37 of the Criminal Act with the judgment that became final and conclusive in the first head of the crime of this case as indicated in the judgment of the court below.