The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that this judgment.

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. Examination 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 six months by imprisonment with labor for a crime of violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) at the Incheon District Court on December 16, 2015, and the above judgment became final and conclusive on June 24, 2016. As such, the crime of violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc. (a collective deadly weapon, etc.) and the crime of this case are concurrent crimes of the latter part of Article 37 of the Criminal Act, and the punishment of this case shall be determined after considering the case of concurrent crimes under Article 39(1) of the Criminal Act and the equality and considering the mitigation of punishment or exemption. In this regard, the part of the judgment below against the defendant was reversed.

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

Punishment of the crime

The facts constituting the crime acknowledged by this court are as indicated in the corresponding column of the judgment below, except for the following facts: “The defendant was sentenced to a stay of two years in six months by imprisonment with prison labor at the Incheon District Court on December 16, 2015, and the above judgment became final and conclusive June 24, 2016, for the crime of violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) at the Incheon District Court on December 16, 2015.” Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Summary of Evidence

The summary of the evidence of the facts constituting the crime recognized by this court is the same as the corresponding column of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The first sentence of Article 188 of the Criminal Act concerning the facts constituting the crime.