The judgment of the court below is reversed.

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

Summary of Grounds for Appeal

The punishment of the court below against the accused (eight months of imprisonment) is too unreasonable.

Before the judgment on the grounds for appeal by the defendant ex officio, the records show that the defendant was sentenced on December 29, 201 to 8 months of imprisonment on the grounds of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on the Aggravated Punishment, etc. of Specific Crimes, etc. on which the judgment became final and conclusive on January 6, 2012 by the Suwon District Court on the grounds of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on the Aggravated Punishment, etc. of Specific Crimes, etc. on which the judgment became final and conclusive on January 6, 2012. Since the crime of violation of the latter part of Article 37 of the Criminal Act and the crime of this case are concurrent crimes under the latter part of Article 39(1) of

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows after hearing.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court are as follows: "The defendant was sentenced on December 29, 201 to two years after suspension of execution on the grounds of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dowing Vehicle) by the Suwon District Court on January 6, 201 and the above judgment became final and conclusive on January 6, 2012" in all of the facts charged in the first page of the judgment of the court below; and in the second section, "the previous conviction in the judgment: the submission of reference materials: the submission of reference materials in the judgment in the judgment of the court below" is the same as the corresponding column of the court below,

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. The sentencing of the latter part of Article 37 of the Criminal Code and Article 39(1) of the Criminal Code for concurrent crimes.