The judgment of the court below is reversed.

As to the crime of assault against the defendant, the defendant is punished by imprisonment with prison labor for 2 months and the military service act.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two months of imprisonment) is too unreasonable.

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

According to the records, on March 24, 2016, the Defendant was sentenced to one year to a suspended sentence of eight months for special larceny at the Seoul Northern District Court on March 24, 2016, and on April 1, 2016, it can be recognized that the above judgment became final and conclusive on April 1, 2016, and the special larceny and the assault of this case committed after Article 37 of the Criminal Act are in the relationship of concurrent crimes, and a sentence shall be determined in consideration of equity with the case where the judgment is rendered at the same time under Article

Therefore, the judgment of the court below cannot be maintained.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

[Grounds for a new judgment] The facts constituting an offense and the summary of the evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment below, except for adding the following contents, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Criminal facts

On March 24, 2016, the Defendant was sentenced to a suspended sentence of 8 months for special larceny in Seoul Northern District Court on March 24, 2016, and the said judgment became final and conclusive on April 1, 2016.

“” shall be added.

"1.1. A previous convictions in the Judgment: Reporting of the previous convictions in the Disposition and the results, and replys to inquiries about criminal history" shall be added to the summary of evidence.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 260 (1) of the Criminal Act (the point of violence) concerning facts constituting an offense, Article 89-2 subparagraph 1 of the Military Service Act (the point of escape from office), and the choice of imprisonment, respectively;

1. Assaults in the judgment of the reason for sentencing Article 37 of the Criminal Act to be applied to concurrent crimes: Special larceny for which the judgment becomes final and conclusive and Article 37 of the Criminal Act to be applied.