The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. We examine ex officio the defendant's grounds for appeal prior to judgment on the grounds for appeal.

The crime of Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act under Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes is a imprisonment with prison labor for not less than one year or a fine not less than 5 million won but not more than 30 million won, and thus, in order to sentence a punishment for less than one year to a defendant who does not have any legal reason for mitigation, the amount of punishment to be mitigated pursuant to Articles 53 and 55 (1) 3 of the Criminal Act should have been mitigated.

Nevertheless, the lower court erred by having sentenced six months of imprisonment with prison labor exceeding the scope of the applicable sentences, omitting such reduction of amount.

Therefore, the judgment of the court below cannot be maintained as it is.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

[Re-written judgment] The summary of the facts constituting an offense and the summary of the evidence acknowledged by the court is the same as that of each corresponding column of the judgment below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148, 54 subparag. 1 (a) and 152 subparag. 1 and 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act (only between the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes ( also the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) and the crimes of violation of Road Traffic Act (after-accident);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.