The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Ex officio determination, the court below sentenced the defendant to a suspended sentence of two years in October.

Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act provides that the statutory penalty for a crime of violation of Article 5-3(1)2 of the Criminal Act is imprisonment for a limited term of not less than one year, or a fine of not less than 5 million won but not more than 30 million won, and thus, in order to sentence a suspended sentence of imprisonment with prison labor

Since the lower court omitted this and sentenced the Defendant to a punishment that deviates from the scope of the applicable sentences, the lower court was unable to maintain more.

2. As such, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the following is again decided upon without examining the prosecutor's allegation of unfair sentencing.

Criminal facts

The summary of the facts and evidence recognized by the court is the same as those stated in the corresponding column 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 Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and choice of imprisonment with prison labor, respectively;

1. From among concurrent crimes, Articles 37 (former part), 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishment of the crimes above two crimes)

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 2, 201);

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no previous conviction exceeding a fine, and that two million won has been deposited for the repayment of damage);

1. Order for community service and attending lectures;