All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a maximum term of one year and four months, by a short term of ten months, and by a fine of one hundred thousand won.

1. The summary of the reasons for appeal is that the respective punishment of the original judgment (No. 1: imprisonment with prison labor for a maximum of one year, a short of eight months, and a second instance: imprisonment with prison labor for a maximum of six months, a short of four months and a fine of one hundred thousand won) is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the defendant's ex officio, the defendant filed an appeal against the first and second judgment, and this court decided to hold a joint trial by combining each of the above appeals cases. Each of the offenses in the judgment of the court below which found the defendant guilty is a concurrent offense under the former part of Article 37 of the Criminal Act and should be sentenced to one punishment pursuant to Article 38 (1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

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 unfair argument of sentencing, and it is again decided as follows, after pleading.

【Inasmuch as the judgment used again is the same as the corresponding column of the judgment of the court below, since the facts constituting the crime and the summary of the evidence recognized by the court below as well as the summary of the facts charged and the evidence thereof are the same as the facts stated in the corresponding column of the judgment of the court below, except for the case where “5,000 won, 14, 1,000 won, 20 won, 5,000 won, 5,000 won, 140 won, 1,000 won, 200 won,” of the second 2, 12, and 13 of the judgment of the court below as stated in Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 331(2) and 331(1) of the Criminal Act (special larceny points), Article 152 Subparag. 1, Article 43 of the Road Traffic Act (the occupation of driving without a license for motor vehicles, the choice of imprisonment), Article 154 Subparag. 2, and Article 43 of the Road Traffic Act (the occupation of driving without a license for motor vehicles, and the choice of fines) of the same Act concerning facts constituting an offense;

1. Articles 2 and 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act (a defendant is deemed to be a juvenile in light of his/her characteristics, and thus, is deemed to be reasonable in light of his/her characteristics);

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.