The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for four months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. The decision of the court below on the gist of the grounds for appeal (4 months without prison labor) is too unreasonable.

2. According to the ex officio records, the Defendant was sentenced to imprisonment with labor for a crime of violating the Punishment of Tax Evaders Act at the Gwangju District Court on June 21, 2016, and the judgment became final and conclusive on the 29th of the same month.

As a result of the conclusion of the above judgment, in relation to the concurrent crimes by the latter part of Article 37 of the Criminal Act, such as the crime of this case and the crime of violation of the Punishment of Tax Evaders Act, etc., for which the judgment became final and conclusive, a sentence against the original judgment shall be imposed in consideration of equity in the case where the judgment is to be rendered at the same time under the main sentence of Article 39 (1)

3. As such, 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 unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows after pleading.

Criminal facts

On June 21, 2016, the summary of the evidence and the criminal facts recognized by the court and the summary of the evidence were sentenced to imprisonment with prison labor and four months for violating the Punishment of Tax Offenses Act at the Gwangju District Court on June 21, 2016, and the judgment became final and conclusive on June 29, 2016.

“Before the judgment in the judgment of 1.” was added to the summary of the evidence “Before the judgment: The judgment of 2015 No. 617, 2016 No. 232, and 525 (Joint))” is as stated in each corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. The reasons for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution are as follows: (a) the Defendant paid 4 million won to the victim; and (b) the victim’s son and the victim’s son agreed to the Defendant.