The judgment below

The part against the defendant shall be reversed.

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

from the defendant.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (the imprisonment of 8 months and additional collection of 350,000 won) is too unreasonable.

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

Article 46(2)2 of the former Guarantee of Automobile Compensation (amended by Act No. 12987, Jan. 6, 2015) (amended by Act No. 12987, Jan. 6, 2015) and the main text of Article 8 of the former Guarantee of Automobile Compensation Act (amended by Act No. 12987, Jan. 6, 2015) shall apply to the crime of this part of the crime.

Nevertheless, the lower court, applying Article 46(2)2 of the current Guarantee of Automobile Compensation Act (a statutory penalty: imprisonment with prison labor for not more than one year, or a fine not exceeding ten million won) and the main sentence of Article 8 to the effect that the Defendant is more severe statutory penalty.

In this regard, the lower court sentenced the Defendant to a single punishment for each of the crimes in violation of the Guarantee of Automobile Compensation and the remaining crimes in relation to concurrent crimes under the former part of Article 37 of the Criminal Code. Therefore, the part of the lower judgment against the Defendant was no longer maintained.

3. As such, the part of the judgment of the court below against the defendant is reversed on the ground that there is a ground for reversal of the above authority among the judgment below, and without examining the defendant's unfair argument of sentencing, the part against the defendant among the judgment below pursuant to Article 364 (2) of the Criminal Procedure Act is reversed and the judgment

[Judgment used again for the defendant] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 61 (1) 6 of the Act on the Selection and Management of Narcotics, Etc. concerning facts constituting an offense and Article 61 (1) 6 of the same Act;