The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

Since the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the award) in the judgment of the court below is a crime falling under Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act, and the statutory punishment is one year or more, the sentence of imprisonment for less than one year shall be mitigated pursuant to Articles 53 and 55 (1) 3 of the Criminal Act.

However, the lower court, without reducing the amount of punishment, sentenced the Defendant to six months of imprisonment without prison labor, thereby having sentenced the lower limit of the statutory penalty.

Therefore, the judgment of the court below is erroneous in the misunderstanding of legal principles, which affected the conclusion of the judgment.

3. If so, the judgment of the court below is reversed in accordance with 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 criminal facts and summary of the evidence acknowledged by the court and the summary of the evidence are as follows. In addition to the alteration of the “1. Part of the Defendant’s legal statement” in the 12th sentence of the judgment below’s 2nd sentence to “1. The Defendant’s legal statement”, the judgment below is identical to 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 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148 and Article 54 (1) of the Road Traffic Act concerning the crime (the point of failing to take measures after an accident) of the relevant Act concerning the crime;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (Article 50 of the Criminal Code shall apply to the victim G with the largest penalty.