The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three months.

1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.

2. Examining the record of the instant case’s ex officio determination, the Defendant was sentenced to six months of imprisonment by a district court in Incheon on November 6, 2014 due to a violation of the Road Traffic Act, etc. and the judgment became final and conclusive on March 31, 2015.

Since the crime of violation of the Road Traffic Act and the crime of this case, which became final and conclusive, are determined in consideration of equity in the case of concurrent crimes under Article 39(1) of the Criminal Act in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act, the judgment of the court below which did not take such measures shall no longer be maintained.

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court are those who were sentenced to six months of imprisonment with prison labor at the Incheon District Court on November 6, 2014 and dismissed on February 24, 2015, and are currently pending in the trial of final appeal after filing a final appeal.

With the exception of correcting “(i) six months of imprisonment with prison labor at the Incheon District Court on November 6, 2014 due to the crime of violation of the Road Traffic Act, etc., and the said judgment became final and conclusive on March 31, 2015,” as stated in each corresponding column of the lower judgment, it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37, Article 39(1) and Article 55(1)3 (Mitigation of Punishment) of the Criminal Act (Mitigation of Punishment) for concurrent crimes.