All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. Summary of grounds for appeal;

A. Each sentence of the lower court (No. 1: fine of 2 million won, and imprisonment of 10 million won: 2:00 won) is too unreasonable.

(b) The sentence of the second judgment of the Prosecutor (one hundred months of imprisonment) is too unhued and unreasonable;

2. Before determining on the grounds for appeal by the Defendant’s ex officio, this Court tried by combining the appellate cases against the judgment of the court below. Each of the offenses committed by the court below, which was consolidated in the trial, is a concurrent offense under the former part of Article 37 of the Criminal Act, and thus, shall be sentenced to a single sentence within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be exempted from the reversal.

Therefore, the above judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the above ex officio grounds for reversal of sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 311 of the Criminal Act, Article 137 of the Criminal Act, Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The Defendant committed the instant crime even though he/she had committed a repeated crime for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act, and due to a false report.