The remainder of the judgment of the court of first instance, excluding the compensation order and the rejection of an application for compensation order, and the second judgment.

1. Summary of grounds for appeal;

A. The sentence that the court below sentenced on the defendant (the first instance court: imprisonment with prison labor for a year and April, and the second instance court: two years) is too unreasonable.

(b) The sentence sentenced by the first instance court to the defendant is too unhued and unreasonable;

2. The judgment of the court below against the defendant ex officio is rendered, and the defendant and the prosecutor filed an appeal against the second judgment except the dismissal of the application for compensation order and the dismissal of the application for compensation order among the first judgment of the court of first instance, and this court decided to hold concurrent hearings. Each of the offenses against the defendant is a concurrent offense relationship under the former part of Article 37 of the Criminal Act and a single sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the above judgment of the court below cannot be maintained.

3. Accordingly, the judgment of the court below is reversed, and the remaining parts of the judgment of the court of first instance excluding the rejection of the order for compensation and the request for compensation order among the judgment of the court of first instance under Article 364(2) of the Criminal Procedure Act, and the second judgment excluding the rejection of the request for compensation order and the request for compensation order, and the following are

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act and Article 347(2) of the choice of punishment for the criminal facts (the addition to paragraph (2) of the Criminal Act as to the crime No. 2 of the attached Table No. 2 of the 2019 order1623). Article 360(1) of the Criminal Act (the crime of embezzlement by possession), Article 329 of the Criminal Act (the crime of larceny), Article 329 of the Criminal Act, Article 347-2 of the Criminal Act of each criminal law, the selection of imprisonment, and the selection of imprisonment).