A defendant shall be punished by imprisonment with prison labor for up to six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

According to the records, the defendant was sentenced to two years of suspended sentence for six months of imprisonment by assault, etc. in this court on April 26, 2017, and the judgment became final and conclusive on June 29, 2017, and it is evident that the crime committed prior to the date when the above judgment becomes final and conclusive.

As the crime of violence, etc. in the judgment of the court below and the crime of violence, etc. for which the above judgment became final and conclusive, a punishment shall be imposed in consideration of equity between the crime and the crime of violence, etc. in the judgment of the court below at the same time in accordance with Article 39(1) of the Criminal Act in relation to the relation of concurrent crimes after Article 37 of the Criminal Act, and thus, the judgment

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

【Grounds for another judgment】 The facts constituting an offense and summary of evidence recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, thereby citing them in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 260(1) of the Criminal Act (the point of violence) and the choice of imprisonment with prison labor for the crime;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (the following favorable circumstances) is that it is favorable to the Defendant to consider equity between the instant crime and the assault crime for which the judgment has become final and conclusive at the same time.