The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

The above fine shall be imposed on the defendant.

The summary of the grounds for appeal (the imprisonment of 6 months and the fine of 300,000 won) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

Since special larceny in the judgment of the court below, as the statutory penalty is one to ten years, in order to select imprisonment for this, and to sentence the defendant a punishment of less than one year, the amount of punishment to be mitigated pursuant to Articles 53 and 55 (1) 3 of the Criminal Act shall be mitigated.

In this regard, the lower judgment, without reducing the amount of a small amount, sentenced the Defendant to a punishment lower than the lower limit of the punishment by sentencing six months, is erroneous.

Therefore, the judgment of the court below is erroneous in the misunderstanding of legal principles, which affected the conclusion of the judgment.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, since there is a ground for reversal ex officio as above, and the judgment below is reversed, and it is again decided as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the relevant column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The reason for sentencing of Article 331(2) and (1) of the Criminal Act regarding the relevant criminal facts, Article 331(2) of the Act on the Selection of Punishment of Crimes, Article 154 subparag. 2 and Article 43 of the Road Traffic Act (Concurrent Imposition) under the former part of Article 37 of the Criminal Act, Article 38(1)3 of the Act on the Punishment of Concurrent Crimes (Concurrent Imposition), Article 53 and Article 55(1)3 of the Criminal Act on the Punishment of Small Quantity Reduction and Exemption (hereinafter “FF”) under Article 70(1) and Article 69(2) of the Criminal Act on the Punishment of Provisional Payment Order under Article 334(1) of the Criminal Procedure Act, while the defendant was sentenced to a suspended sentence of imprisonment for two times by driving a motor vehicle without a driver’s license, as before and after the judgment of the court below.