The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Where an individual criminal act, which is a single comprehensive crime for judgment ex officio, has been committed across the period before and after a final judgment of a different type of crime, the crime is not divided into two crimes, but complete at the time of the final criminal act which is a final judgment after the final judgment (see Supreme Court Decisions 2001Do3312, Aug. 21, 2001; 2002Do5341, Aug. 22, 2003). The Defendant is also subject to a comprehensive criminal act committed by the Busan District Court on February 11, 2014 after being sentenced two years of suspended sentence of ten months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (fugitive Vehicles) at the Busan District Court on February 19, 2014 and became final and conclusive on February 19, 2014. The instant criminal act constitutes a single and continuous criminal act under the same type of law and thus, constitutes a comprehensive criminal act with the same legal interests completed after the final judgment.

Therefore, the crime of this case is in the relation of concurrent crimes between the crime of this case and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Evacuation Vehicles).

The court below erred by misapprehending the legal principles on concurrent crimes and thereby applying the law.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act and it is again decided as follows, without examining the above ex officio reversal grounds.

【Inasmuch as the facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act for the crime, and the reason for sentencing of sentence of imprisonment.