A defendant shall be punished by imprisonment for two years.

A. The determination of the defendant's punishment (the first instance court's punishment: imprisonment with prison labor for one year, and imprisonment with prison labor for one year and three years) is unreasonable.

B. The determination of the original sentence of the first instance court, which is unreasonable, is unreasonable.

2. Each of the judgments of the court below that joined the judgment of ex officio is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and a sentence should be imposed pursuant to Article 38(1) of the Criminal Act.

The judgment of the court below cannot be maintained.

3. The judgment of the court below contains reasons for ex officio reversal.

Pursuant to Article 364(2) of the Criminal Procedure Act, all of the appeals shall be reversed, and the following judgments shall be rendered:

Criminal facts

Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the original judgment.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Article 257 (1) of the Criminal Act (the point of injury), Article 260 (1) of the Criminal Act (the point of injury), Article 260 (2) 1 of the Punishment of Violence, etc. Act, Article 260 (1) of the Criminal Act (the point of joint violence), Article 319 (1) of the Criminal Act (the point of intrusion), Article 319 (2) and (1) of the Criminal Act, Article 262 and Article 257 (1) of the Criminal Act concerning the crime concerned, Article 283 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. The reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act that aggravated concurrent crimes committed the instant crime during the period of repeated crimes.

In the appellate trial, all criminal facts were recognized.

In the appellate trial, some victims do not want to be punished, such as the victim's Z (in the case of the Busan District Court, the Eastern Branch of the District Court 2018 high group 264)

Although the sentencing criteria do not apply to crimes in the commercial concurrent relationship, the sentencing criteria are the sentencing factors that are set by the sentencing criteria for the crimes of injury, violence, assault, intimidation, violation of the Punishment of Violence, etc. Act (joint assault).