The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The sentence imposed by the court below (five months of imprisonment) is too unreasonable.

2. Before determining the grounds for appeal by the defendant ex officio, the records show that the defendant was sentenced on February 4, 2020 to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. by the Incheon District Court on August 13, 2020. The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. and the crime of this case in relation to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, for which judgment has become final and conclusive, is obviously a crime committed prior to the date when the above judgment became final and conclusive. As such, in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act, punishment for the crime of this case is set at the same time in consideration of equity and the case where the judgment is concurrently

3. Therefore, 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 part of the judgment of the court below against the defendant is reversed, and it is again decided as follows.

[Dao-written judgment] The summary of facts constituting a crime and evidence admitted by this court and the summary of the evidence are as follows. The first head of the judgment of the court below added "the defendant was sentenced on February 4, 2020 to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and on August 13, 2020, which became final and conclusive on August 13, 2020" to the first head of the judgment of the court below, and "the previous records in the judgment in the summary of evidence" as stated in the judgment of the court below, except for adding "the copy of the judgment and the inquiry of the case" to the summary of the evidence.

Application of Statutes

1. Article 60 (2) 1 and Article 12 of the Emergency Medical Service Act concerning facts constituting an offense and Article 60 (2) 1 and Article 12 of the Act on the Selection of Punishment, and Selection of Imprisonment.