The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The lower court’s imprisonment (eight months of imprisonment) against the Defendant is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. The circumstances unfavorable to the defendant are as follows.

In light of the implements of the instant crime and the degree of the exercise of force, etc., the nature and circumstances of the instant crime are very poor.

In addition, the defendant, who has been punished for the violation of the Road Traffic Act due to the same driving without a license as this case, committed the crime of driving without a license in this case.

The conditions favorable to the defendant shall be as follows:

All of the crimes of this case were committed by the Defendant, and there are circumstances to reflect the mistake in depth and to take into account the circumstances leading to the commission of the crime.

It is not a good letter that the defendant's health condition is different.

In the court below, for the purpose of the victim C, 3 million won has been deposited as the compensation for damage, and the victim has agreed smoothly with the above victim, so that the victim wants to take the preference against the defendant.

In addition, considering the following factors: the Defendant’s age, character and conduct, environment, criminal records, and circumstances after committing the crime, the lower court’s punishment against the Defendant is light.

It is too unreasonable rather than that.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the following decision is delivered

(3) Article 369 of the Criminal Procedure Act provides that “In a case where an appeal by a defendant is accepted and the judgment of the court below is reversed, the prosecutor’s appeal shall not be dismissed separately).”

Application of Statutes

1. Article 260 of the Criminal Act concerning the crime