A. The crime of this case by misapprehending the legal principles was committed in the course of the execution of the crime of bodily injury resulting from the obstruction of performance of official duties immediately after the completion of the sentence for the crime of bodily injury resulting from the violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) whose sentence of suspension of execution was invalidated. As a result, the crime of this case cannot be deemed to have been committed within three years after the completion of the sentence. The court below applied a repeated crime to the crime of this case.

B. In light of all the circumstances, including the fact that the defendant is against unreasonable sentencing and that the defendant agreed with the victim, the sentence imposed by the court below is too unreasonable.

2. Determination

A. Determination as to the assertion of misapprehension of the legal doctrine requires that a person who committed a crime falling under imprisonment without prison labor or heavier within three years after having been sentenced to imprisonment without prison labor or heavier punishment shall be punished as a repeated crime; thus, the period of repeated crime shall be the date on which the execution of the former crime is completed or exempted; and it shall not be the date on which the actual execution of the punishment is completed or exempted; if the execution of the punishment is continued due to various crimes, such as the defendant's assertion, the date on which the actual execution of the punishment is completed, shall not be the starting date of the repeated crime; 2) According to the evidence duly adopted and examined by the court below, the defendant was sentenced to imprisonment with prison labor for one year, suspension of execution three years, due to a violation of the Punishment of Violence, etc. Act (a collective injury, etc., with deadly weapons, etc.), and imprisonment with prison labor for the same year and one year and two years and six years after the suspended execution becomes final and conclusive by the court on April 27, 201.