A defendant shall be punished by imprisonment for not less than one year and six months.

A. The punishment sentenced by the lower court (a violation of the Automobile Management Act: a fine of one million won and the remaining crimes: imprisonment with prison labor for one year and six months) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Before determining the reasons for ex officio appeal, the record reveals that each crime in the judgment below is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act.

In this regard, the lower court held that the crime of embezzlement, etc. of the deserted articles of possession, the judgment of which became final and conclusive as of July 9, 2016, and the crime of violation of the Automobile Management Act in the judgment of the lower court,

In the judgment of the court below, each crime is divided into a violation of the Automobile Management Act and a violation of the remaining crimes. Such judgment of the court below is erroneous in the misunderstanding of legal principles as to concurrent crimes, which affected the conclusion of the judgment.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows, without examining each of the unfair arguments of sentencing by the defendant and the prosecutor, since there is a ground for reversal ex officio as above.

【Inasmuch as the lower court’s judgment is identical to each corresponding column of the lower judgment, the summary of the facts constituting a crime and the evidence acknowledged by the lower court, and the summary of the evidence as to the facts constituting a crime and the summary of the evidence, the lower court’s judgment cited “from July 10, 2016 to July 3, 2016” as “from July 10, 2016,” and cited it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 329 of the Criminal Act, Article 342 and Article 329 of the Criminal Act, Article 319 of the Criminal Act, Article 81 subparagraph 2 of the Automobile Management Act, Article 12(1) of the Automobile Management Act, Article 46(2)2 of the Guarantee of Automobile Compensation Act, Article 86(2)2 of the Guarantee of Automobile Compensation Act, and Article 88 of the same Act.