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All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, for two years from the date this judgment becomes final and conclusive.
Reasons
1. The summary of the grounds for appeal (No. 1: 1 year of suspended sentence of imprisonment with prison labor for 4 months; 2 years of suspended sentence of imprisonment for 4 months; 40 hours of attending a law-abiding driving lecture) of the lower court is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds of appeal by the defendant. ① Since the defendant filed an appeal against the judgment of the court below and the arguments were combined in the trial at the court below. Since each crime which the judgment of the court below disclosed is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment shall be imposed pursuant to Article 38(1) of the Criminal Act, the judgment of the court below which rendered a separate punishment for each of the above crimes cannot be maintained further in this regard. ② In addition, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the judgment of the court of first instance is a fine of not more than 10 years or a fine of not less than 50 million won and not more than 30 million won, the court below erred by misapprehending the legal principles on the aggravated punishment of the above crimes of imprisonment with prison labor for not less than 6 months and not more than 1 year but not more than 5 million won, and thus, the court below imposed a heavier punishment for each violation of the Act on the Aggravated Punishment, etc.
3. Conclusion.