1. List of crime sights in the judgment of the court below

2. to 2.

6. All of the judgment below shall be reversed.

1. Judgment of the court of first instance against the summary of the grounds for appeal: The sequence of crime sights

1. The imprisonment with prison labor for one month and for the remaining crimes with prison labor for each of the crimes described above, and the judgment of the court of the court of the second instance: the imprisonment with prison labor for two months is too unreasonable;

2. Ex officio determination

A. According to the previous records and records of the latter part of Article 37 of the Criminal Act, the defendant was sentenced to four months of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) in the Seoul Western District Court Decision 2019Kadan1742 on January 9, 2020, and the above judgment became final and conclusive on April 27, 2020.

(Seoul Western District Court 2020No46, Supreme Court 2020Do4152). The first instance judgment No. 51

2. to 2.

6. Since each of the crimes described above is set forth in the concurrent relationship between the crime of violation of the Road Traffic Act and the crime of violation of the latter part of Article 37 of the Criminal Act, the sequence of crimes set forth in the judgment of the court of first instance.

1. The crime described in the lower judgment constitutes a crime of violation of the Road Traffic Act (unlicensed driving) established on June 8, 2015, which became final and conclusive on April 27, 2020, and thus, the crime of concurrent crimes under the latter part of Article 37 of the Criminal Act cannot be established.

(see, e.g., Supreme Court Decision 2014Do469, Mar. 27, 2014). According to Article 39(1) of the Criminal Act, a punishment shall be determined after considering equity in cases where a concurrent judgment is rendered pursuant to Article 39(1) of the Criminal Act and examining whether to reduce or exempt punishment. In this regard, the number of crime sights in

2. to 2.

6. Each part of the offences in respect of which it can no longer be maintained.

B. The appeal case against the judgment of the court below was consolidated when the judgment of the court below was reversed ex officio following the consolidation. The order of crime list Nos. 1 of the judgment of the court of first instance against the defendant

2. to 2.

6. Each of the crimes stated in the judgment of the court of first instance and each of the crimes in the judgment of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and the punishment should be imposed within the scope of the term of punishment aggravated pursuant to Article 38(1) of the Criminal Act. In this regard, the order of

2. to 6.0