All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The punishment of Defendant 1’s original decision (five months of imprisonment) is too unreasonable.

(b) The form of the 2nd judgment decision of the Prosecutor (one million won in penalty) is too unhued and unreasonable.

2. As to the judgment of the court of first instance, the prosecutor filed an appeal against the judgment of the court of first instance against the judgment of the court of second instance, and tried at the same time. The defendant was sentenced to a punishment of four months for a violation of Road Traffic Act (unlicensed driving) on October 7, 2016, and the judgment became final and conclusive on October 15, 201, and the crime of second instance in the judgment of the court of second instance was committed before the judgment became final and conclusive, and each crime in the judgment of the court of first instance was committed after the final and conclusive judgment of the court of first instance. Thus, each of the crimes in the judgment of second instance against the defendant was committed after the final and conclusive judgment of the court of second instance.

shall not be deemed to exist.

Therefore, the judgment of the court below cannot be reversed on the ground of consolidated proceedings, and the judgment of the court below No. 1 and No. 2 on the ground of appeal by the defendant and the prosecutor should be judged whether there are unfair circumstances for

A. Circumstances favorable to the Defendant regarding the punishment of the original decision of the trial court No. 1 are as follows.

The Defendant recognized the instant crime and runs against the Defendant.

Circumstances unfavorable to the defendant are as follows:

On October 7, 2016, the Defendant was sentenced to four months of imprisonment for the same kind of crime and completed the enforcement of the sentence on February 23, 2017, and again committed the instant crime during the repeated crime period.

The defendant, including this, has been punished six times for the same crime.

In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.

Defendant’s assertion is without merit.

B. Circumstances favorable to the defendant regarding the punishment of the original decision of the trial court No. 2 are as follows.

The Defendant recognized the instant crime and runs against the Defendant.

The defendant shall be fined at the time of the instant case.