The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Seized evidence No. 1 shall be returned to the victim C.

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. Before deciding on the grounds for appeal ex officio, the crime of violation of the Road Traffic Act as stated in the judgment of the court below is a crime falling under Articles 148-2(1)1 and 44(1) of the Road Traffic Act, and the statutory penalty is stipulated as either imprisonment with prison labor for not less than one year but not more than three years or a fine not less than five million won but not more than ten million won. Thus, in order to sentence a sentence of imprisonment with prison labor for less than one year, a discretionary mitigation should have been made in accordance with Articles 53 and 55(1)3 of the Criminal Act.

Nevertheless, the court below omitted this and sentenced six months of imprisonment with prison labor after choosing imprisonment with prison labor for the crime of violation of the Road Traffic Act and the remaining crimes in its holding. Since the court below erred in the misapprehension of the scope of punishment, the court below made a sentence beyond the scope of punishment, so the judgment of the court below cannot be maintained any more in this respect.

3. In conclusion, the judgment below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's grounds for appeal, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence are as shown in each corresponding column except that the "illegal uttering of official document" No. 18 of the second judgment of the court below is changed to "illegal uttering of official document", and the "Report on the Yellow Driver" No. 10 of the third one is changed to "Report on the Yellow Driver's Statement". Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 360(1) of the Criminal Act for the crime (the embezzlement of stolen objects), Article 148-2(1)1 of the Road Traffic Act, and Article 44(1) of the Road Traffic Act (the occupation of sound driving), Article 152 subparag. 1 of the Road Traffic Act;