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

However, for one year from the date this judgment becomes final and conclusive.

A. At the time of committing the instant crime, the Defendant was in a state of mental disorder due to the editing disorder.

B. The sentence sentenced by the court below on unreasonable sentencing (the court below's judgment of 1: 10 years of suspended sentence in October, and the second court's judgment: 3.5 million won) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the judgment of the court below cannot be maintained as the following reasons for ex officio reversal exist.

1) According to the records, the defendant can be recognized as having been sentenced to two years of probation on June 28, 2012 by assault, etc. at the Incheon District Court sentenced to six months of imprisonment with prison labor on July 6, 2012. As such, each crime of assault, etc., for which judgment became final and conclusive, and the crime of concurrent crimes under the latter part of Article 37 of the Criminal Act is one of the crimes of assault, etc., which are subject to concurrent crimes under the latter part of Article 37 of the Criminal Act, and after examining whether to reduce or exempt punishment in consideration of equity with the case where judgment is rendered at the same time pursuant to Article 39(1) of the Criminal Act, the judgment of the court below of the second instance cannot be maintained any more. 2) The court of the second instance sentenced the defendant to three years of imprisonment with prison labor for each of the above crimes of violence, etc., and sentenced to three years of suspended sentence as one of the above crimes of imprisonment with prison labor for each of the above crimes of imprisonment with prison labor for each of one year and one hundred five years of the above case.

However, such as this.