All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 5,00,000 won.

The defendant above.

1. The punishment (the first instance court: imprisonment with prison labor for eight months, the second instance court: imprisonment for ten months, the suspension of execution for two years, the community service work hours) which the original court made on the summary of the grounds for appeal is too unreasonable; and

2. Before determining the grounds for appeal by the defendant, this Court tried by examining the appeal cases against the two original judgments by combining them, and each of the crimes in the decision of the original court are concurrent crimes under the former part of Article 37 of the Criminal Act and shall be sentenced to a single sentence pursuant to Article 38(1) of the Criminal Act. In this regard, the original judgment cannot be maintained any more.

3. The judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again ruled as follows after pleading.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are as stated in each corresponding column of the judgment below, except for adding "1. F's name confirmation, police interrogation protocol", and "1. F's identification certificate, seizure protocol, voluntary submission of evidence, statement of renunciation of ownership, police interrogation protocol" to "1. F's identification certificate," and "1. F's identification certificate, seizure protocol, document of voluntary submission of ownership and protocol of examination of suspect of suspect of suspect of suspect of suspect of suspect of police under Article 369 of the Criminal Procedure Act" in the summary of the evidence of the judgment of the court of first instance.

Application of Statutes

1. Article 148-2 Subparag. 1, Article 44(1) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201); Article 347(1) of the Criminal Act; Article 239(1) of the Criminal Act (amended by Act No. 10790, Jun. 8, 201); Article 239(2) of the Criminal Act; Article 329 of the Criminal Act (amended by Act No. 1079, Jun. 8, 201);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.