The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

1. The punishment sentenced by the original court (eight months of imprisonment and two years of suspended execution) shall be too unreasonable; and

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant for an ex officio judgment.

According to the records, the Defendant was sentenced to one year of imprisonment with prison labor for a special assault or special bodily injury at the Seoul Northern District Court on April 20, 2016, and the judgment became final and conclusive on April 28, 2016. As such, the crime for which judgment became final and conclusive and the crime of this case committed before the final and conclusive judgment are concurrent crimes with the latter part of Article 37 of the Criminal Act, and the crime of this case committed before the final and conclusive judgment is in the relationship of concurrent crimes with the latter part of Article 39(1) of the Criminal Act, and should be sentenced to punishment in consideration of equity with the case where the judgment is concurrently rendered pursuant to Article

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, since there is a ground for reversal ex officio as above, and the judgment below is reversed, and it is again decided as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by this court is as follows: (a) except for the addition of “a person who was sentenced to imprisonment with labor for a special injury or special assault at the Seoul Northern District Court on April 20, 2016 and for whom the said judgment became final and conclusive on April 28, 2016” in the first instance of the facts constituting an offense, the summary of facts and evidence admitted by this court is identical to the corresponding column of the judgment below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of the recommended punishment for the sentencing guidelines [the type of determination] shall be the fourth type of violent crimes (special intimidation for habitual repeated crimes) [the person subject to special sentencing].