The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for four months.

1. The sentence of the lower court (six months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. On April 12, 2017, the Defendant, ex officio, was sentenced to eight months of imprisonment with labor for a violation of the Punishment of Violences, etc. Act (joint attack) in the Busan District Court’s Dong Branch Branch, and the judgment became final and conclusive on August 22, 2017. The Defendant’s crime and the violation of the Punishment of Violences, etc. Act (joint attack) against the Defendant, which became final and conclusive, are concurrent crimes of the lower judgment after Article 37 of the Criminal Act, and should be sentenced to punishment for the crime of the lower judgment in consideration of equity with the case where the judgment is rendered at the same time in accordance with the first sentence of Article 39(1) of the Criminal Act.

In this regard, the prosecutor added "Articles 37 and 39 (1) of the Criminal Act" to "Article 37 and Article 39 (1) of the Criminal Act" in the provisions of the law applicable to the indictment of this case in the trial of the party, and among the facts charged, "the defendant was sentenced to eight months of imprisonment on April 12, 2017 with prison labor for a violation of the Punishment of Violences, etc. Act (joint conflict) in the Busan District Court's Dong Branch Support and the judgment was finalized on August 22, 201

“A request for amendments to Bill of Indictment was filed,” and this Court allowed this.

In this respect, the judgment of the court below cannot be maintained as it is.

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

Criminal facts

The summary of the facts charged and evidence admitted by this court is to add "criminal facts" to the first head of the judgment of the court below to "the defendant A was sentenced to eight months of imprisonment on April 12, 2017 for a crime of violation of the Punishment of Violences, etc. Act (joint conflict) at the Busan District Court's Dong Branch Branch Branch, and the judgment became final and conclusive on August 22, 2017," and "the summary of evidence" to "a prior conviction in the judgment: a reply to inquiry, such as criminal history, an investigation report (Attachment to the defendant's final judgment), and a copy of the judgment" respectively.