The judgment of the court below is reversed.

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

except that, for two years from the date this judgment becomes final and conclusive.

1. The main point of the grounds for appeal is that the lower court’s punishment (limited to eight months of imprisonment, two years of suspended sentence, one hundred and sixty hours of community service, and forty hours of order to attend a compliance driving lecture) is too uneased and unreasonable;

2. The grounds for appeal by the ex officio determination prosecutor are examined ex officio prior to the determination.

The lower court applied Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54(1) of the Road Traffic Act to the instant crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the instant crime of violation of the Road Traffic Act, and sentenced the Defendant to imprisonment with prison labor for 2 years of probation, community service, 160 hours, and 40 hours of order to attend a compliance driving lecture for 8 months, on the ground that each of the above crimes is in a relationship of commercial concurrent crimes, and thus, is punished for a more severe violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

However, the lower limit of imprisonment for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes is one year. However, in order to sentence the Defendant without any legal reason for mitigation, the lower court, despite having to reduce the sentence, sentenced the Defendant to a punishment outside the scope of the applicable sentences without omitting it, so the lower court was no longer able to maintain any further.

3. In conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, on the grounds of ex officio reversal, and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. The Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant criminal facts.