A defendant shall be punished by imprisonment for four months.

2. According to the records of ex officio determination, the Defendant, on April 17, 2013, was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a deadly weapon, etc.) at the Gwangju District Court on November 14, 2013, and the judgment became final and conclusive on November 14, 2013. As such, the crime of violation of the Punishment of Violences, etc. Act (a deadly weapon, etc.) and the crime of this case, in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act, shall be sentenced to punishment in consideration of equity and concurrent crimes under Article 39(1) of the Criminal Act. Thus, the lower judgment that did not take such measures

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is to add "the defendant was sentenced on April 17, 201 to imprisonment on November 14, 2013 with prison labor for a violation of the Punishment of Violences, etc. Act (a crime of violence against a deadly weapon, etc.) at the Gwangju District Court on April 17, 2013, and the judgment became final and conclusive on November 14, 2013" to the summary of the evidence.

Application of Statutes

1. The relevant Article of the Criminal Act and Article 257(1) of the Criminal Act that recognizes the defendant's mistake for the reason of sentencing as to the crime of this case and Article 257(1) of the Criminal Act that only agreed with the victim. The crime of this case is concurrent crimes under the latter part of Article 37 of the Criminal Act with regard to the violation of the Punishment of Violences, etc. Act (collectively weapon, etc.) which