The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than four years and six months.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (eight years of imprisonment) against the Defendant is too unreasonable.

2. Before determining the Defendant’s improper assertion of sentencing, this paper examined ex officio.

According to the records, the Defendant was sentenced to four months of imprisonment with prison labor for embezzlement at the Seoul Northern District Court on July 21, 2016, and the judgment became final and conclusive on October 6, 2016 (hereinafter referred to as “one preceding conviction”), and on November 4, 2016, he/she was sentenced to six months of imprisonment with prison labor for fraud and larceny at the Seoul Northern District Court on April 5, 2017 (hereinafter referred to as “second preceding conviction”) and the judgment became final and conclusive on October 31, 2016, and was sentenced to five months of imprisonment with prison labor at the Seoul Northern District Court for a violation of the Military Service Act at the Seoul Northern District Court on June 9, 2017 (hereinafter referred to as “third preceding conviction”).

The court below held that only the crime of embezzlement of the first and the first and the second before the judgment of the court below against the defendant is a concurrent crime of the latter part of Article 37 of the Criminal Act.

On the other hand, the punishment is determined by taking into account only the equity with the case where the above crime is adjudicated at the same time as the above crime of embezzlement. However, each of the crimes in the holding of the court below is also a concurrent crime of Article 37 of the Criminal Act, even with the crime of fraud, larceny, and violation of the Military Service Act committed before

Therefore, in accordance with Article 39(1) of the Criminal Act, punishment shall be determined by taking into consideration the equity between each crime and the above crime of embezzlement, fraud, larceny, and the crime of violation of the Military Service Act at the same time. Therefore, the judgment of the court below is no longer maintained in this regard.

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

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court, and summary of evidence, were finally determined in the last part of the judgment below.

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