The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (two years of imprisonment) is too unreasonable.

2. According to the reasoning of the Defendant’s appeal ex officio, prior to the judgment on the ground of ex officio determination, the record reveals that the Defendant was sentenced to six months of imprisonment with prison labor for the crime of injury at the Seoul Southern District Court on November 17, 2015, and completed the execution of the sentence on March 19, 2016, as stated in the first head of the crime in the judgment below, and the Defendant committed the crime of injury on July 3, 2016 (the second sentence 4165) for which three years have not passed since the execution of the sentence was completed.

Therefore, the above provision can be interpreted as a special provision under Article 35 of the Criminal Act in light of the form of Article 2(3) of the Punishment of Violences, etc. Act (Habitual Assault) with respect to the crime of violation of the Punishment of Violences, etc. Act (Habitual Assault) and the crime of violation of the Punishment of Violences, etc. (Habitual Assault). Therefore, it is reasonable to not additionally add a repeated offense under Article 35 of the Criminal Act with respect to each of the above crimes.

Although the judgment of the court below constitutes a repeated crime under Article 35 of the Criminal Act, there is an error of law that affected the judgment because the judgment of the court below is excessive and the repeated crime is not aggravated.

3. In conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows through pleading.

【Grounds for a new judgment】 Facts constituting a crime and summary of evidence recognized by the court, as stated in the corresponding column of the judgment of the court below, and the summary of evidence are the same as stated in the corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article

Application of Statutes

1. Article 257(1) of the Criminal Act (the point of injury, the choice of imprisonment), Article 2(3)3 and Article 2(2)3 of the Punishment of Violences, etc. Act (the point of habitual injury of each repeated crime) against criminal facts.