The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (eight months of imprisonment) is too unreasonable.

2. The Defendant had a large number of unlicensed driving offenses, and the Defendant committed the instant crime even if he/she was punished for a two-year suspended sentence due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles) in 2011, then he/she again committed the instant crime against the Defendant.

However, in full view of all the favorable sentencing conditions, including the fact that the defendant is against the defendant, that the victim was not much different, that the victim did not want the punishment of the defendant by mutual agreement with the victim when it comes to the first instance, that the victim did not want the punishment of the defendant, that the defendant did not have a criminal record, and that there was no criminal record, etc., and other favorable sentencing conditions, such as the defendant's age, sexual conduct, environment, motive and circumstance of the crime, etc., the sentence of the court below is somewhat unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury and injury), Articles 148 and 54 (1) of the Road Traffic Act (the point of non-measures after destruction of goods), Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes [the punishment prescribed for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a crime of violation of the Road Traffic Act and a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes of which punishment is heavier];

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;