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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final and conclusive.
Reasons
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (for four months of imprisonment, two years of suspended sentence, and one hundred and sixty hours of community service) is too unreasonable.
2. Although the nature of the crime, such as the imposition of a fine for negligence on the violation of laws and regulations, etc., caused by the Defendant’s crime, which impedes the state’s vehicle management business and is likely to be used for various criminal acts, the Defendant recognized the instant crime, and the Defendant deposited KRW 3 million in order to lend the light management loan to the company that received the claim from the injured party, and agreed to pay the damage to the Korea Light Management Loan Co., Ltd. in the first instance trial, and the Defendant was the primary offender and agreed to pay the damage to the light management loan. In full view of the following factors, the Defendant’s age, occupation, sex, motive and background of the crime, the circumstances after the crime, etc., the sentence of the lower court is somewhat unreasonable.
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 judgment below is reversed and it is again decided as follows
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;
1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above);