The judgment of the court below is reversed.

The punishment of the accused shall be four months by imprisonment.

1. The decision of the court below on the gist of the grounds for appeal by the defendant is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the Defendant was sentenced to seven years of imprisonment on April 6, 2012 for the crime of bodily injury in Suwon District Court Decision 201No. 264 decided on October 11, 2012, which was after the judgment of this case was rendered. The crime of this case is a concurrent crime between the crime for which the said judgment became final and the latter part of Article 37 and Article 39(1) of the Criminal Act, and thus, the lower judgment that did not apply was no longer maintained.

3. Accordingly, 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 assertion of unfair sentencing, and the judgment below is reversed, and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged by this court and the summary of the evidence are as follows: "The defendant was sentenced to seven years of imprisonment on April 6, 2012 with prison labor for the crime of bodily injury in the Suwon District Court's Ansan Branch's Ansan Branch's assistance on April 6, 2012, and the judgment became final and conclusive on October 11, 2012" was added to the summary of the evidence, except for adding "1. The defendant's legal statement and investigation report (componment of judgment, etc.)" 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 pursuant

Application of Statutes

1. Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (1) of the Act on the Selection of Punishment of Violences, etc., and Article 257 (1) of the Criminal Act;

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent offenders, the fact that the defendant erred in sentencing reasons under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, and that the F and E agreed with the victims.