The defendant shall be exempted from punishment.

2. According to the records of ex officio determination, the Defendant appealed on July 1, 2016 after having been sentenced to five years of imprisonment with prison labor for a serious injury at the Busan District Court, and was sentenced to four years of imprisonment with prison labor at the Busan High Court on October 12, 2016, and the above judgment became final and conclusive on December 29, 2016.

The Defendant’s crime of this case is one of the concurrent crimes with the crimes for which the above judgment has become final and the latter part of Article 37 of the Criminal Act, and the punishment should be determined in consideration of equity with the case to be adjudicated at the same time pursuant to Article 39(1)

Therefore, the judgment of the court below can no longer be maintained.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the following judgment is delivered through pleadings.

[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are the first head of the judgment below’s “criminal facts” as stated in the first head of the crime record, and the Defendant appealed from the Busan District Court for five years on July 1, 2016 and was sentenced to four years from imprisonment with prison labor at the Busan High Court on October 12, 2016, and the above judgment became final and conclusive on December 29, 2016.

“A previous conviction in the judgment of the court below” is added to “a summary of evidence” as stated in the judgment of the court below, and “a summary of evidence” as stated in the judgment of the court below is the same as stated in each corresponding column of the judgment of the court below, except for the last phrase “the results of the search of the Kotenet case (2016 Highly 88, Busan District Court Decision 2016 Highly 88), the judgment (2016 Highly 88, Busan Highly 2016 Highly 489, and the judgment (2016Do17483).”

Application of Statutes

1. Article 366 of the Criminal Act applicable to the crimes;

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. The reason for sentencing under the latter part of Article 39(1) of the Criminal Act exempted from punishment of this case, and the defendant.