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

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, according to the records, the defendant was sentenced to six months of imprisonment by this court on August 12, 2015 due to a violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) and the above judgment became final and conclusive on September 24, 2015. Since the crime of violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) and the crime of this case, which became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, a punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity and the case of concurrent crimes under Article 39(1) of the Criminal Act. Thus, the judgment of the court below

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows without examining the above ex officio reversal grounds.

Criminal facts

The summary of the evidence and the criminal facts against the defendant recognized by this court and the summary of the evidence are as follows. The first head of the judgment of the court below added "the defendant was sentenced to six months of imprisonment on August 12, 2015 due to the violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) and the above judgment became final and conclusive on September 24, 2015" to the first head of the judgment of the court below, and except for the addition of "1. prosecution and delivery" to the summary of the evidence, it is identical to each corresponding column of the court below, and thus, it is cited pursuant to Article 369

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 314(1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes are as follows.