The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

1. The sentence imposed by the court below (4 months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. We examine the grounds for appeal by the defendant before determining ex officio.

The act of forging the registration number plate of the defendant under paragraph (3) of the decision of the court below and the act of using the forged registration number plate of the defendant under subparagraph 2 of Article 78 and Article 71 (1) of the Automobile Management Act is an offense falling under subparagraph 2 of Article 78 and Article 71 (1) of the said Act, and each of the above offenses is a substantive concurrent offense under the former part of

However, the court below recognized it as a single crime, and thus, the judgment of the court below cannot be maintained as it is.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and the following judgment is delivered after pleading.

【Inasmuch as the lower court’s judgment is the same as the corresponding column of the lower judgment, the summary of the facts constituting the crime and the evidence acknowledged by the lower court, and the summary of the evidence related thereto, except that the phrase “as of October 26, 2016,” as “as of October 26, 2015,” as prescribed in Article 369 of the Criminal Procedure Act, is citing the facts constituting the crime of the lower judgment.

Application of Statutes

1. Article 238 (1) of the Criminal Act (the point of Article 238 of the Public Code), Article 238 (2) and Article 238 (1) of the Criminal Act (the point of exercising forged air defense), Article 78 subparagraph 2 of the Automobile Management Act, and Article 71 (1) of the same Act (the point of using a forged or forged registration number plate);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act ( ① the violation of the Automobile Management Act, the relation between the crimes of forging air, and the crimes of forging air, the punishment heavier than the punishment pursuant to the said Article, ② the violation of the Automobile Management Act by the use of the registration number plate of a counterfeited person, ② the punishment between the crimes of violating the Vehicle Management Act by the use of the registration number plate of a forged person, and the punishment between the crimes of forging air, and the registration number plate of a forged vehicle with heavier penalty.