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

However, the above punishment for a period of one year from the date this judgment becomes final and conclusive.

A. Since the period of stay of execution stipulated in the judgment subject to a retrial had already expired, the sentence against the defendant was invalidated, the judgment of the court below, not at the time of the commencement of the stay of execution, but at the time of the final and conclusive judgment of the court below, was restored, this goes against the principle of prohibiting disadvantageous changes

In addition, even though the crime of this case is one of the concurrent crimes under Article 37 of the Criminal Act with the special injury crime for which judgment became final and conclusive, the judgment of the court below was overly limited.

B. The punishment of the lower court (one year and six months of imprisonment, and two years of suspended execution) is too unreasonable.

2. Judgment on the misapprehension of legal principles

A. 1) The relevant criminal litigation law at the time of commencement of suspended sentence is entitled to request a retrial for the benefit of the final and conclusive judgment of conviction and the person against whom the final and conclusive judgment of conviction or intentionally dismissed judgment was rendered.

Article 420 and Article 421(1) of the Act only allows the so-called "the benefit of the defendant, which is a benefit to the defendant (Article 420 and Article 421(1)), and Article 439 of the Act, which reflects the principle of review of such benefit, shall not be sentenced to a penalty heavier than

“The principle that no sentence heavier than the original judgment is to be imposed,” which does not merely mean the principle that no sentence heavier than the original judgment is to be imposed, but it is the purport that a retrial should be granted to realize substantive justice within the extent that it does not undermine the legal stability of the defendant.

However, a new trial procedure is not a subsequent procedure of the previous litigation procedure examining the propriety of the original judgment, but a completely new litigation procedure to judge the case itself from the beginning and the original judgment becomes final and conclusive, the original judgment shall lose its effect naturally

If there is a serious defect in the final and conclusive judgment, this is the final and conclusive judgment in order to realize the specific justice.