A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

The appeal was lodged.

In the judgment of the court of first instance, the defendant appealed from the judgment of the court of first instance for eight months of imprisonment and four months of imprisonment in the judgment of the court of second instance, and the court of second instance concurrently tried the appeal cases.

The judgment of the court below cannot be maintained as it is because each crime is concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment should be sentenced.

The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows, after pleading, on the grounds of such ex officio reversal.

Criminal facts

The summary of the judgment of the court below is the same as the corresponding column of the judgment of the court below, thereby citing it in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 258-2 (1) and 257 (1) of the Criminal Act (the point of special injury), Article 311 of the Criminal Act (the point of insult and the choice of imprisonment), Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of driver assault and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In the first instance of sentencing Article 62-2 of the Social Service Order Criminal Act, the victim of a special injury case was agreed upon, and considering the background and process leading up to the insult and the driver’s assault, the circumstances after the crime, and family relation, the sentence to maintain is somewhat heavy.