All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. Each sentence sentenced by the lower court to the Defendant (the first instance judgment: imprisonment with prison labor for a period of one year, and fines of one million won for the second instance judgment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below on the defendant (one year of imprisonment) is too unhued and unfair.

2. Prior to the judgment on the grounds for ex officio appeal, the defendant filed an appeal against the judgment of the court below Nos. 1 and 2. This court tried at a concurrent hearing of the above two appeals. Each of the crimes against the defendant in the first and second cases is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus a single sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained.

3. As such, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the criminal defendant and the prosecutor's improper assertion of sentencing, and the judgment below is reversed in entirety and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 314(1) (a) and 284 of the Criminal Act, Articles 284, 283(1) (a) (a special intimidation) of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Articles 261 and 260(1) (a) of the Criminal Act, Article 350 of the Criminal Act, Article 350(1) (a) of the Criminal Act, Article 257 of the Criminal Act, Article 81 subparag. 2 and 12 of the Automobile Management Act, Article 46(2)2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and Article 86(2) of the Insurance Act;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act (the preceding part of Article 38 of the Criminal Act shall apply to concurrent crimes).