The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. The amount of imprisonment with prison labor for up to eight months is inappropriate.

(b) Determination of an amount of punishment imposed on an applicant for inspection (unfair punishment) is unreasonable.

2. The lower court, while taking into account the Defendant’s reflectivity, agreement, etc., has imposed a sentence by taking into account the crimes during the same suspended execution period, and the nature of the crimes including escape after

Although the defendant committed the same crime during the period of suspension of execution and was sentenced to a fine (Jinsan District Court 2018No3686) by committing the crime in this case, the sentence of imprisonment is inevitable in that it committed the crime in this case.

However, in the appellate trial, the defendant agreed with M&A company that suffered damage from the violation of the Road Traffic Act.

The victim who has suffered from the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury) desires to bring the defendant's wife again in the appellate trial.

Although the sentencing criteria do not apply to crimes in the upper concurrent relationship, if this court examines the sentencing factors and other factors of sentencing which are set forth in the sentencing criteria, the sentencing criteria of the original court is somewhat inappropriate.

3. The appeal by the defendant is justified.

Pursuant to Article 364 (6) of the Criminal Procedure Act, the judgment of the court below shall be reversed and it shall be judged again after pleading

Criminal facts

Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the judgment of the court below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

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

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

1. Selection of each sentence of imprisonment;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;