The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for two years from the date this judgment becomes final and conclusive.

1. Summary of the grounds for appeal (the sentence of the lower court: Imprisonment with prison labor for a year and six months);

2. According to Article 323(1) of the Criminal Procedure Act for ex officio determination, the grounds for the judgment of conviction should clearly indicate the facts constituting an offense, the summary of evidence, and the application of statutes. In a case where either of them was omitted in the grounds for the judgment while the judgment of conviction was rendered, it constitutes a violation of law that affected the judgment under Article 383(1)

According to the reasoning of the judgment below, the court below found the defendant guilty of special injury and violation of the Immigration Control Act, and omitted the description of the part corresponding to the violation of the Immigration Control Act in the applicable column of the judgment. Thus, the judgment of the court below is not reversed due to its illegality.

3. 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 judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the original judgment, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 258-2 (1), 257 (1) of the Criminal Act (the point of special injury), and Articles 94 subparagraph 7 and 17 (1) of the Immigration Control Act (the violation of the Immigration Control Act and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The crime of this case on the grounds of sentencing under the main sentence of Article 62(1) of the Criminal Act is very bad to commit the crime of this case on the grounds that the defendant, a Vietnam national, illegally stays in the Republic of Korea for not less than eight years, and the face of the victim was 3 to 6 cm in the second knife around the knife.

These points are disadvantageous to the defendant.