A defendant shall be punished by imprisonment for not less than eight months.

2. The instant crime was committed in order to avoid the restriction on transfer or acquisition of a private taxi transport business license, and is not good to the nature of the crime, and the degree of the Defendant’s participation is not weak, and the instant crime was committed repeatedly for a considerable period of time.

However, in full view of all the circumstances, such as the fact that the Defendant recognized the instant crime, the fact that there is no same criminal history, the fact that the Defendant actively cooperated in the investigation, and the motive and consequence of the instant crime, including the criminal punishment against accomplices, the age, health status, health conditions, personality and conduct, the environment, and the motive and means of the instant crime, the circumstances after the crime, etc., the sentence imposed by the lower court against the Defendant is somewhat unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of facts and evidence recognized by the court is identical to each corresponding part of the judgment of the court below, and thus they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 233 and 30 of the Criminal Act concerning the facts constituting an offense, Articles 234, 233, and 30 of the Criminal Act (a point of exercising a false medical certificate), Articles 137 and 30 of the Criminal Act, and the choice of imprisonment with labor

1. It is so decided as per Disposition for the reasons under the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes;