The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, the statutory penalty for a special larceny among the facts charged in the instant case is stated as follows: “Article 331(2) and Article 329 of the Criminal Act” in the application of the provisions of the judgment of the court below in the judgment of the court below. However, this appears to be an error.

According to Article 152 Subparag. 1 and 43 of the Road Traffic Act, the statutory penalty for the larceny crime is imprisonment with prison labor for not less than six years or with a fine not exceeding ten million won under Article 329 of the Criminal Act. The statutory penalty for the crime of violation of Road Traffic Act (unlicensed driving) is imprisonment with prison labor for not more than one year or with a fine not exceeding three million won.

Since the defendant should be subject to aggravated aggravation of repeated crimes and aggravated concurrent crimes under the former part of Article 37 of the Criminal Act with respect to each of the above crimes, in order to sentence a sentence of less than one year to the defendant, a small amount of punishment should be mitigated pursuant to Article 53 and Article 55 (1) 3 of the Criminal Act.

Nevertheless, the court below sentenced the defendant for eight months of imprisonment with prison labor, and found the defendant guilty of violating the minimum statutory punishment by omitting the reduction of the amount of punishment in the application of the law, so the judgment of the court below was no longer maintained.

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts and special larceny in the choice of punishment: each of the larceny under Article 331(1) of the Criminal Act: Article 329 of the Criminal Act (a punishment by imprisonment);