The part on the defendant and the second judgment of the court of first instance shall be reversed.

The defendant shall be punished by imprisonment.

Summary of Grounds for Appeal

The punishment of each judgment of the court below (the first judgment: 4 months of imprisonment and 3 months of imprisonment) is too unreasonable.

We examine ex officio the grounds for appeal by the defendant before determining ex officio.

This Court held two appeals cases against the defendant jointly and tried by the two original judgments, and since the crime in the decision of each original court is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment shall be sentenced in accordance with Article 38(1) of the Criminal Act, the original judgment cannot be maintained any more.

As such, 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 following is again decided after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to the corresponding column of each judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Article 311 of the Criminal Act, Article 2 (2) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of joint violence and the choice of imprisonment) concerning the crime;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Code aggravated concurrent crimes are more favorable factors for sentencing, such as the fact that the defendant recognized all of the crimes of this case and agreed to the victim of the injury and the victim of the assault, and that the defendant's family and his/her branch want to take the action.

On the other hand, the defendant is sentenced to a three-year suspended sentence due to the crime of bodily injury, and is still under the suspended sentence.