The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentencing (one year of imprisonment) is excessively unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

According to the records, the defendant was sentenced to a suspended sentence of four months by imprisonment with prison labor for an injury at the Daejeon District Court on February 10, 2020, and the judgment became final and conclusive on December 4, 2020.

The crimes of each crime of the judgment below against the defendant and the injury for which the judgment of the court below became final and conclusive shall be sentenced to punishment for each crime of the judgment of the court below in consideration of the equality in the case where the judgment is to be held simultaneously pursuant to Article 39 (1) of the Criminal Act, in the relation of concurrent crimes

Therefore, the judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the prosecutor, on the ground that the above reasons for appeal are reversed ex officio, and the judgment below is ruled as follows through pleading.

[Grounds for the new judgment] Criminal facts and summary of evidence recognized by the court and the summary of evidence are all criminal facts. "The defendant was sentenced to a suspended sentence of four months by imprisonment with prison labor at the Daejeon District Court on February 10, 2020, and the judgment became final and conclusive on December 4, 2020.

“1. A previous conviction in the judgment of the court below: Along with the addition of “1. A reply to inquiries, such as criminal history, copy of the judgment (Seoul High Court Decision 2019 High Court Decision 2019 High Court Decision 4045), and copy of the decision (Seoul High Court Decision 2020No. 4777),” to the summary of the evidence, it is identical to each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. The sentencing criteria shall be set.