The judgment of the court below is reversed.

Defendant shall be punished by imprisonment with prison labor for three months for the first crime as indicated in the judgment of the court below, and Article 2 of the judgment of the court below.

1. The sentence of the court below (eight months of imprisonment) is too unreasonable.

2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

According to the records of this case, the defendant was sentenced to a suspended sentence of one year on January 22, 2009 to three months of imprisonment at the Suwon District Court, and the above judgment becomes final and conclusive on January 30, 2009. The crime of embezzlement of this case, which became final and conclusive on January 30, 2009, is in a concurrent crime under the latter part of Article 37 of the Criminal Act. Since the crime of this case No. 2 is committed after the above judgment became final and conclusive, the crime of this case is a crime under the latter part of Article 37 of the Criminal Act, and therefore, the punishment of this case

Nevertheless, since all of the crimes in the judgment of the court below are deemed concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below can no longer be maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the following decision is made through oral argument.

Criminal facts

The summary of the defendant's criminal facts and their evidence recognized by this court are as follows: "The defendant was sentenced to two years of imprisonment with prison labor at the Suwon District Court on July 3, 2014 and the judgment became final and conclusive on July 11, 2014" in the first and second criminal facts of the judgment below. "The defendant was sentenced to one year of suspension of execution on January 22, 2009 to three months of embezzlement in the Suwon District Court Sejong District Court's Housing Site for embezzlement, and the judgment became final and conclusive on January 30, 2009, and two years of suspension of execution for one year of imprisonment with prison labor at the Suwon District Court on July 3, 2014 to the effect that "the judgment became final and conclusive on July 11, 2014" in the second and second criminal facts of the judgment, and the part of "1.1.1.1.1" in the second criminal records of the judgment, the criminal records report prior to the judgment and the results of each of the evidence.