The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three months.

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

1. The sentence of the lower court (three months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

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

On July 6, 2017, the Defendant was sentenced to six months of imprisonment for the crime of injury and two years of suspended execution, protection observation and violence treatment lecture 40 hours, and the judgment becomes final and conclusive on July 14, 2017. The Defendant’s crime and the crime of injury in the judgment of the lower court against the Defendant are concurrent crimes with the latter part of Article 37 of the Criminal Act, and the crime of injury in the judgment of the lower court becomes final and conclusive on July 14, 2017, shall be sentenced to punishment for the crime in the judgment of the lower court, taking into account equity with the case where the judgment is rendered at the same time,

In this regard, the prosecutor added "Article 37 and Article 39 (1) of the Criminal Act" to "the latter part of Article 37 of the Criminal Act and Article 39 (1) of the Criminal Act" among the facts charged, and "the defendant was sentenced to imprisonment for six months and two years of suspended execution, protection observation, and violence treatment lectures at the Changwon District Court on July 6, 2017, and the judgment became final and conclusive on July 14, 2017.

“A request for amendments to Bill of Indictment was filed,” and this Court allowed this.

In this respect, the judgment of the court below cannot be maintained as it is.

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

Criminal facts

The summary of the facts constituting an offense and evidence acknowledged by this court is as follows: “The Defendant was sentenced to six months of imprisonment and two years of suspended execution due to an injury at the Changwon District Court on July 6, 2017, and the judgment became final and conclusive on July 14, 2017,” and “a summary of the evidence” at the last sentence of “1. A criminal record”.