The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The sentence of the court below (10 months of imprisonment) is too unreasonable.

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

Since the statutory penalty for the crime of the Act on the Aggravated Punishment, etc. of Specific Crimes under Article 5-3 (1) 2 and Article 268 of the Criminal Act is a limited term of at least one year or a fine of at least five million, but not exceeding 30,000 won, a sentence of imprisonment for a defendant who does not have any legal reason for mitigation shall have been imposed in accordance with Articles 53 and 55 (1) 3 of the Criminal Act.

Nevertheless, the lower court erred by having sentenced ten months of imprisonment with prison labor exceeding the scope of the punishment, without omitting such discretionary mitigation.

Therefore, the judgment of the court below cannot be maintained as it is.

3. If so, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the description of each 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. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments under the preceding two Articles);

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are recognized and reflected by the defendant.