A defendant shall be punished by imprisonment for not less than eight months.

2. The judgment of the defendant can be sentenced to criminal records for the same crime, and the defendant did not know even though he was serving a sentence in prison during the period of repeated crime, and assault and inflict an injury on other prisoners.

However, the lower court’s punishment seems to be somewhat unreasonable if it examines all of the sentencing conditions indicated in the record, including the Defendant’s age, sex, environment, background of the crime, circumstances after the crime, etc., including the fact that the Defendant recognized the instant crime and did not repeat the crime, and the victim expressed his intent that the Defendant does not want the punishment against the Defendant at the investigation stage.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to facts constituting a crime and summary of evidence, and the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;