The judgment of the court below is reversed.

The defendant shall be exempted from punishment.

1. The decision of the court below on the summary of the grounds for appeal (3 million won in penalty) is too unreasonable.

2. According to the records of ex officio determination, the Defendant was sentenced to imprisonment with labor for a year and five months on February 3, 2017, with labor for special assault, etc. in the support of Suwon Friwon, and the judgment became final and conclusive around July 14, 2017.

The above special assault crime, etc., which became final and conclusive, and the crime of this case, shall be sentenced to punishment for each of the crimes of this case in consideration of equity in cases where a judgment is simultaneously rendered pursuant to Article 39(1) of the Criminal Act with regard to concurrent crimes after Article 37 of the Criminal Act.

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

3. The judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment of the court below is reversed ex officio as follows, on the ground that there is a ground for reversal ex officio as above.

【Grounds for the Judgment to be used again] Criminal facts and summary of evidence recognized by the court, and summary of evidence, are the first part of the judgment of the court below, and the judgment was finalized around July 14, 2017, upon being sentenced to imprisonment with labor for a year and five months for special assault, etc. in the support of Suwon Fagwon in Suwon Fagwon, on February 3, 2017.

“A previous conviction in the judgment of the court below” is the same as stated in each corresponding column of the judgment of the court below, and the summary of the evidence is cited as it is in accordance with Article 369 of the Criminal Procedure Act, except for the addition of “1. The defendant’s statement and judgment” in the last part.

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. The latter part of Article 39(1) of the Exemption Criminal Act [the crime of special assault, etc. for which a judgment has become final and conclusive includes the crime of fraud due to the integrative operation, etc. committed by the Defendant following the following day of the crime of this case (the crime of fraud due to the integrative operation), and the amount of damage is 2,00 won. The amount of damage to the victim immediately after the instant crime