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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than five months.
Reasons
1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.
2. In light of the fact that the Defendant committed a crime on September 25, 2016, including the suspended sentence, and committed a crime on September 25, 2016 during the suspended sentence, and thereafter escaped without attending the date of the substantive examination of the detention warrant, and committed a crime on July 7, 2017, the sentence to the Defendant is inevitable.
On the other hand, however, the defendant is able to repent and reflect his wrongness.
At the trial on July 7, 2017, the intention of not re-offending, such as cancelling a lease contract for automobiles used for the crime, was shown not to be re-offending.
In addition, considering the various sentencing conditions shown in the records and arguments, such as the age character and character environment of the defendant and the circumstances before and after the crime, the sentence imposed by the court below is somewhat inappropriate.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
Criminal facts
The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting an offense (the driver's licenseless driving of each motor vehicle and the choice of imprisonment);
1. Aggravation of concurrent crimes by concurrent crimes as provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes by concurrent crimes committed against a violation of Road Traffic Act (unlicensed Driving) as of July 7, 2017 with heavy penalty];