The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The sentencing of the court below is too inappropriate.

2. Considering that the nature of the crime of this case is not good, that the defendant committed the crime of this case once again despite the previous conviction of the same violation of the Road Traffic Act of the same kind, and that the defendant did not agree with the victim of larceny up to the trial, strict punishment against the defendant is required.

However, given that the Defendant’s mistake is divided, there is no criminal conviction or fine exceeding that of the same larceny or fine, and considering the Defendant’s age, character and conduct and environment, motive, means and consequence of the crime, and other conditions of sentencing specified in the present argument, such as the circumstances after the crime, the lower court’s punishment is too unreasonable, and the above assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are identical to the facts charged and the summary of the evidence, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant statutory provisions concerning criminal facts: Article 329 of the Criminal Act; Article 238 (1) of the Criminal Act; Article 238 (2) and (1) of the Criminal Act; Article 78 (2) and Article 71 (1) of the Automobile Management Act; Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act; Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act (a lease of access medium);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor for each of the remaining crimes except for the crimes of misappropriation of option of punishment or unlawful use and exercise of air;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;