The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

except that the ruling shall be made for one year from the date of the final judgment.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than two years and confiscation) that the court below sentenced is too unreasonable.

2. In the case of each of the instant crimes, the public duties and welfare in relation to the registration and management of automobiles have been harmed thereby, and the occurrence of serious consequences may lead to the avoidance of safety and responsibility in relation to the operation of automobiles. Therefore, a strict punishment is required.

In the case of unlawful use of air defense and unlawful use of air, only imprisonment for not more than five years is prescribed as a statutory penalty.

The defendant exercised an air defense that has been illegally used for about nine months, and the liability for the crime is not against the law.

The defendant has a history of criminal punishment for four times (one time of punishment and three times of fines).

However, by recognizing all of the crimes of this case, the defendant has shown not only cooperation in investigation but also his attitude to repent of his mistake.

In addition, each of the crimes in this case does not seem to have resulted in substantial damage beyond the risk of being protected legal interests.

Defendant did not have any criminal record identical to each of the crimes in this case.

In addition, in full view of the defendant's age, career, character and conduct, environment, family relationship, social relation, motive and background of the crime, method and result of the crime, etc., the sentence imposed by the court below is somewhat unreasonable.

Therefore, the defendant's above assertion is justified.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered again after pleading.

【Reason used in multi-level judgment】 Criminal facts recognized by the court in charge of criminal facts and summary of evidence and summary of evidence are the same as the corresponding column of the judgment of the court below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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