All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. Summary of grounds for appeal;

A. The respective sentence of the lower court (the first instance judgment: imprisonment with prison labor for 8 months, and the second instance judgment: the fine of 3 million won) is too unreasonable.

B. The lower court’s sentence No. 2 of the Prosecutor is too unhued and unreasonable.

2. The appeal case of the judgment below was consolidated in the judgment of the court below for ex officio judgment. Each of the offenses in the judgment of the court below is one of the concurrent offenses under the former part of Article 37 of the Criminal Act, and the sentence should be imposed within the scope of the aggravated punishment pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed in entirety pursuant to Article 364(2) of the Criminal Procedure Act, and the following is again decided after the pleadings, without examining each of the aforementioned grounds for reversal ex officio.

[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 257(1) of the Criminal Act (the point of harm), the main sentence of Article 37 subparag. 10 of the Resident Registration Act (the point of unlawful use of resident registration numbers) and the choice of imprisonment with prison labor, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Criminal Act, which are disadvantageous to the defendant, are as follows.

The Defendant inflicted an injury upon the injured victim in need of medical treatment for four weeks, and denied another person's resident registration number (the punishment of the accused person).

After the Defendant was sentenced to 8 months of imprisonment with prison labor for the crime of bodily injury in 2014 and completed the execution of the sentence, the Defendant committed each of the instant crimes again during the period of repeated crime.

In addition, the defendant has been punished by a fine or imprisonment with prison labor for a crime related to violence.