The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

except that the ruling shall be made for one year from the date of the final judgment.

1. The gist of the grounds for appeal is that of the lower court’s punishment (four months of imprisonment) excessively unreasonable.

2. According to the records of ex officio determination, the Defendant, at the Incheon District Court on January 7, 2015, sentenced four months to imprisonment for a violation of the Road Traffic Act (unlicensed Operation) and confirmed on January 15, 2015.

As the crime of this case is related to the crime subject to the above final judgment and the latter concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment of this case shall be determined after considering equity and mitigation or exemption of punishment pursuant to Article 39(1) of the Criminal Act.

In this respect, the judgment of the court below cannot be maintained.

3. Accordingly, the court below's decision is reversed under Article 364 (2) of the Criminal Procedure Act without a need to decide on the defendant's assertion of unfair sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows. The summary of the judgment of the court below is to add "the defendant was sentenced to four months of imprisonment by violating the Road Traffic Act (unlicensed Driving) at the Incheon District Court on January 7, 2015, and the judgment became final and conclusive on January 15, 2015" to "the summary of the evidence" in the first part of the facts charged of the judgment of the court below, and except for adding "the search of the case by the Incheon District Court 2013 High Court 2013 High Court 847 High Court 2013 High Court 8447 High Court 201 High Court 201 High Court 847 High Court

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 355(1) of the Criminal Act and Article 355(1) of the Criminal Act, the choice of imprisonment for a crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (the foregoing favorable circumstances) is to recover damage.