The judgment of the court of first instance and the judgment of the court of second instance are reversed.

A defendant shall be punished by imprisonment for one year.

except that this judgment.

1. The decision of the court below (No. 1: imprisonment with prison labor for August, 200, 2 years of suspended execution, and 2: imprisonment with prison labor for 4 months) against the defendant in summary of the grounds for appeal (unfair punishment) is unreasonable.

2. Ex officio determination

A. First of all, the appeal case of the first and second judgment against the defendant was combined with the appeal case of the first and second judgment. Each of the offenses of the first and second judgment is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.

B. Next, since the crime of violating the Automobile Management Act and the crime of using air illegally against the illegal use of the registration number plate constitutes several crimes, it constitutes a commercial competition relationship.

The judgment of the court of first instance is a concurrent offender who committed the crime of unlawful use air defense and the crime of violation of the Automobile Management Act with the purport that the defendant removed a license plate in front of and rear the Rad class car and attached it to the Rad class. The judgment of the court of first instance is erroneous in the misunderstanding of legal principles as to relation relation of crime and thereby adversely affecting the conclusion of the judgment. Thus, the judgment of the court of first instance cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 1 of the relevant Act concerning criminal facts;

Article 78 of the Motor Vehicle Management Act.