A defendant shall be punished by imprisonment with prison labor for four months.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

According to the records of this case, the defendant was sentenced to imprisonment for one year and four months with prison labor for assault, etc. at the Goyang Branch of the Jung-gu District Court on July 26, 2019 (the Jung-gu District Court 2018 High Court 2368), and the above judgment was dismissed in entirety and confirmed on February 27, 2020. Each of the crimes of this case is related to the crime of assault, etc. for which judgment became final and conclusive, and the crime of this case is concurrent crimes under the latter part of Article 37 of the Criminal Act in accordance with Article 39(1) of the Criminal Act. Thus, the judgment of the court below is no longer maintained in this respect.

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

[Along with the reasoning of the judgment below, the summary of the facts constituting a crime and evidence recognized by this court is added to "the defendant was sentenced to one year and four months from the imprisonment with prison labor due to an assault, etc. in the Goyang Branch of the Jung-gu District Court on July 26, 2019, and the above judgment became final and conclusive on February 27, 2020" in the first head of the judgment of the court below, and the summary of the evidence added "a final and conclusive judgment against the defendant" as evidence for a criminal record as stated in the judgment in the summary of the evidence as stated in the summary of the evidence as well as adding "a final and conclusive judgment against the defendant" as evidence for a criminal

Application of Statutes

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

1. The defendant's crime of this case with the reason of sentencing in the latter part of Article 37 and Article 39 (1) of the Criminal Code dealing with concurrent crimes is committed in prison.