The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unreasonable.

2. According to the records of ex officio determination, the Defendant appealed against each of the above judgments after being sentenced to eight months of imprisonment with prison labor at the Seoul Central District Court on October 17, 2018 and six months of imprisonment with prison labor at the same court on February 14, 2019 for the same crime. On May 23, 2019, the appellate court which joined each of the above cases reversed all the judgment of the court below, and the Defendant was sentenced to one year and two months of imprisonment, and the Defendant appealed against the above judgment, but appealed on July 24, 2019. The fact that the dismissal of the appeal was ordered on July 24, 2019, while the Defendant appealed against the above judgment, it is recognized that each of the injury crimes of which judgment became final and conclusive as stated in the judgment of the court below was related to concurrent crimes under the latter part of Article 37 of the Criminal Act, and thus, the sentence may no longer be maintained in view of the case and equity (see, e.g., Supreme Court Decision 2008Do209).

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal, on the ground that the above grounds for reversal ex officio are established, and the judgment below is again ruled as follows.

[Discied reasoning of the judgment below] The summary of the facts constituting an offense and the evidence admitted by the court below and the summary of the evidence are as follows: “The defendant was sentenced to imprisonment with prison labor for one year and two months at the Seoul Central District Court on May 23, 2019 and the above judgment became final and conclusive on July 24, 2019” in the first head of the judgment of the court below; and except for adding “1.1. court rulings” to “the summary of evidence” as stated in the judgment of the court below, it is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. The latter part of Article 37 of the Criminal Act dealing with concurrent crimes;