All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Summary of Grounds for Appeal

The punishment of each court below against the defendant (the first court judgment: imprisonment with prison labor for a year and six months, and the second court judgment: imprisonment with prison labor for a period of four months) is too unreasonable.

Before the judgment on the grounds for appeal by the defendant ex officio, the defendant filed each appeal against the judgment of the court below and tried both in the trial. Each of the crimes of the court below 1 and 2 against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and a sentence should be imposed within the scope of the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.

In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows after oral argument.

Criminal facts

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

Application of Statutes

1. The point of escape after occupational injury or death of a person involved in the crime: Operation of a motor vehicle which is not covered by mandatory insurance under Articles 148 and 54(1) of the Road Traffic Act: The point of obstruction of performance of official duties by carrying dangerous articles under Articles 46(2)2 and 8 of the Guarantee of Automobile Accident Compensation Act: The point of larceny under Articles 144(1) and 136(1) of the Criminal Act: Article 329 of the Criminal Act: Article 152 subparag. 1 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act (mutual crimes provided for in Article 2012 high-class 6337 (2) of the Judgment of the first instance court) of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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