A defendant shall be punished by imprisonment with prison labor for not more than ten months.

A. The sentence of the Defendant (unfair sentencing) sentenced by the lower court (six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor (unfair sentencing) by the lower court is too unhued and unreasonable.

2. The record of this case reveals that the Defendant was sentenced to two months of imprisonment with prison labor for the crime of assault at the Incheon District Court on August 23, 2018 and the judgment became final and conclusive on August 31, 2018, prior to the judgment on the grounds of each appeal by the Defendant and the prosecutor ex officio. As such, the crime of this case and the crime for which the judgment became final and conclusive as above are concurrent crimes with the crime of this case after Article 37 of the Criminal Act, and the crime of this case are in the relationship of concurrent crimes after Article 39(1) of the Criminal Act, and are determined after considering equity with the case at the same time when the judgment is rendered under Article 39(1) of the Criminal Act and examining whether to reduce

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed, and it is again decided as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as follows: ① The entries of the judgment below in the column of “criminal facts” (criminal records) are as follows: (i) The Defendant was sentenced to eight months of imprisonment by the Incheon District Court on January 16, 2015 and completed the execution of the sentence on March 1, 2015; and (ii) on August 23, 2018, he was sentenced to two months of imprisonment by the Incheon District Court as an assault and assault, and the judgment became final and conclusive on August 31, 2018.

2. The summary of the evidence in the judgment of the court below

1. [Attachment 2018 High Order 295] In the evidence records of this case, inquiries such as criminal history (A), investigation reports (the confirmation of criminal records of repeated crimes and the indictment during the continuance of trials - attached documents) and written judgments bound in the public trial records.