The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. The decision of the court below (one year and six months of imprisonment) is too unreasonable.

2. We examine ex officio the grounds for appeal prior to the judgment ex officio.

According to the records, the Defendant, at the Suwon District Court on September 29, 2016, sentenced six months to imprisonment for a violation of the Road Traffic Act (non-licensed driving), etc., and confirmed on October 7, 2016.

Since the crime of this case and the crime of violation of the Road Traffic Act of this case, etc. of the defendant, which became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment shall be determined after examining whether to reduce or exempt the punishment in accordance with the former part of Article 39(1) of the Criminal Act with regard to

In this respect, the judgment of the court below cannot be maintained as it is.

3. If so, 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 that the above ground for ex officio reversal exists, and it is again decided as follows.

Criminal facts

The summary of the facts constituting a crime and evidence acknowledged by this court is as follows: “The defendant was sentenced to six months of imprisonment by the Suwon District Court on September 29, 2016 due to a violation of the Road Traffic Act (unlicensed Driving)” in the part of the first head’s criminal records, and the above judgment became final and conclusive on October 7, 2016.” The summary of the judgment of the court below is as follows, except for adding “the previous criminal records in the judgment of the court below in the last 1st,” “the screen and copy of the judgment (U.S. District Court 2016No4471)” to “the previous criminal records in the judgment of the court below as stated in each corresponding column” under Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 331(2) and (1) (the point of multiple larceny) of the Criminal Act, Articles 342, 331(2) and (1) (the point of attempted single larceny) of each Criminal Act, Article 329 of each Criminal Act concerning criminal facts, and Article 329 of each Criminal Act concerning the choice of punishment, respectively;