The judgment of the court below is reversed.

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

1. The sentence of the lower court (ten months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant, the prosecutor tried ex officio prior to the judgment on the grounds for appeal by the defendant, and against the violation of the Punishment of Violences, etc. Act (joint conflict) among the facts charged in the instant case, the applicable law applied to the case where "Article 2 (2) 3 of the Punishment of Violences, etc. Act and Article 350 (1) of the Criminal Act" was changed to "Article 2 (1) 3 of the Punishment of Violences, etc. Act and Article 350 (1) of the Criminal Act". Since this court permitted this and changed part of the subject matter of the judgment, the judgment of the court below cannot be maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, without examining the defendant's unfair argument on sentencing, since there is a ground for reversal of the above authority of the court below regarding the violation of the Punishment of Violences, etc. Act (joint conflict) among the judgment below, and the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act (as the court below dealt with the crime of violation of the Punishment of Violences, etc. Act (joint conflict), special larceny, road traffic law violation (driving), and larceny as concurrent crimes under the former part of Article 37 of the Criminal Act and sentenced to a single punishment, the judgment of the court below shall be reversed in its entirety)

Criminal facts

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

Application of Statutes

1. Article 331(2) and Article 331(1) of the Criminal Act (Joint thief) regarding criminal facts; Article 148-2(2)1, and Article 44(1) of the Road Traffic Act (the point of drinking), Article 154 Subparag. 2 and Article 43 of the Road Traffic Act (the point of driving without a license), Article 2(2)3 of the Punishment of Violences, etc. Act, Article 350 of the Criminal Act.