The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The court below decided the above punishment on the ground of the reasons for sentencing unfavorable to the defendant as stated in its holding. The court below's punishment is too unreasonable, considering the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and all of the sentencing conditions specified in the records and arguments of this case, including the fact that the defendant committed each of the crimes of this case, and there is no criminal records sentenced to punishment, and there is no criminal records sentenced to punishment.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

【Discied Judgment】 The facts constituting an offense and the summary of the evidence recognized by the court are identical to the facts constituting an offense and the summary of the evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act, Article 225 of the Criminal Act, Articles 229 and 225 of the Criminal Act, Article 41 subparagraph 14 of the Construction Machinery Management Act, and Article 26 (1) of the Construction Machinery Management Act (the operation of unauthorized Construction Machinery and the choice of imprisonment, etc.);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;