The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

On April 27, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) at the Busan District Court on September 2, 2016.

Since each of the crimes of this case is concurrent crimes under the latter part of Article 37 of the Criminal Act with each of the above crimes and the latter part of Article 37 of the Criminal Act, a sentence shall be imposed at the same time in consideration of equity in the case where a judgment is rendered at the same time pursuant to Article 39(1) of the Criminal Act, and the judgment of the court below

3. Accordingly, 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, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is to add "the defendant was sentenced to eight months of imprisonment by the Busan District Court on April 27, 2016 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.)" to the criminal records of the judgment below, and the judgment became final and conclusive September 2, 2016" to the summary of the facts charged of the judgment below, and "the defendant

2. 5. The Defendant revised “5.....” to 5 February 2014. The summary of the evidence is as follows: (a) except for the addition of “1........................” to the summary of the evidence, the Defendant cited it as is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 314(1) of the Criminal Act, Article 260(1) of the Criminal Act, Article 369(1), and Article 366 of the Criminal Act, Article 366 of the Criminal Act, Article 314(1) of the applicable law as to the crime, the choice of punishment, and the choice of punishment.