All of the first and second original judgments shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

1. The judgment of the court below against the defendant of the summary of the grounds for appeal (the first judgment of the court below: imprisonment of August and the second judgment of the court below: imprisonment of six months) is too unreasonable.

2. On the defendant, the first and second original judgments were sentenced to each of them, and the defendant filed an appeal against them, and this court decided to hold a joint hearing of the above two appeal cases. Each of the crimes of the first and second original judgments against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be sentenced pursuant to Article 38(1) of the Criminal Act. Thus, the first and second original judgments cannot be maintained as they are.

In addition, according to the evidence duly adopted and examined by the court below and the court below, the defendant was sentenced to imprisonment with labor for a year for a special assault at the Jeju District Court on October 16, 2019 and a two-year suspended sentence on April 28, 2020, and the judgment became final and conclusive on April 28, 2020.

Therefore, inasmuch as the crimes of special violence against the defendant against which the judgment of the first and second court of the second court became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment for each crime of Article 39(1) of the Criminal Act should be sentenced in consideration of equity with the case where the judgment is rendered at the same time according to the former part of Article 39(1) of the Criminal Act, in this regard, the first and second judgment of the second judgment

3. As such, the first and second judgments of the court below on the grounds of ex officio reversal as seen above, without examining the Defendant’s above assertion on unfair sentencing, the first and second judgments of the court below pursuant to Article 364(2) of the Criminal Procedure Act are reversed, and they are again decided as follows after pleading.

【Reasons for the Judgment in 201Da446, Oct. 16, 2019] Criminal facts and summary of evidence recognized by the court below are criminal facts and summary of evidence.