All the judgment below is reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

1. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for 1 year and 6 months, and the second instance judgment: imprisonment with prison labor for 6 months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the court of first and second instance shall concurrently examine the cases of appeal by the court of first and second instance against the defendant. Each of the offenses of the court of first and second instance against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be punished as a single sentence within the term of punishment or amount increased by concurrent crimes under Article 38(1) of the Criminal Act.

Therefore, the judgment of the court below is no longer maintained in this respect.

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 assertion of unfair sentencing, on the ground that there is a ground for reversal as seen above, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence recognized by the court is the same as the entries in each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 228 (1) of the Criminal Act, Articles 229 and 228 (1) of the Criminal Act, Article 347 (1) of the Criminal Act, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Article 148 and Article 148-2 (2) 1 and 44 (1) of the Road Traffic Act, concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crime of an instrumental vehicle)