All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. Defendant (hereinafter “Defendant 2”)’s imprisonment with prison labor (eight months) declared by the lower court is too unreasonable.

B. The prosecutor (with regard to the first judgment of the lower court)’s sentence (7 million won of a fine) declared by the lower court is too unfilled and unfair.

2. The first instance judgment case and the second instance judgment case against the defendant were consolidated in the judgment of the court below ex officio. Each of the above combined cases against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment should be imposed in accordance with Article 38(1)2 of the Criminal Act.

Therefore, each judgment of the court below can no longer be maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for ex officio reversal as seen earlier, and it is again decided as follows.

[C] The summary of the facts constituting the crime and the evidence admitted by the court of first instance is as follows: "The defendant was sentenced to one year of imprisonment with prison labor for the crime of injury, etc. at the Incheon District Court on November 27, 2014 and completed the execution of the sentence at the Incheon Detention House on October 20, 2015" in the summary of the evidence of the first judgment; and "the previous conviction in the judgment of the court of first instance" in addition to adding "the statement of criminal records, etc.: the statement of criminal records, etc. and the report of the results of confirmation of the disposition before disposal" to each corresponding column of the judgment of the court of first instance; therefore, it is cited as it is in accordance with Article 3

Application of Statutes

1. Article 260 (1) of the relevant Criminal Act, Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Article 31 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;