The judgment of the court below is reversed.

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

1. The sentencing of the lower court (ten months of imprisonment) is too unreasonable.

2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the Defendant was sentenced to three months of imprisonment with prison labor for an injury in the Busan District Court’s Dong Branch Branch on December 11, 2013, and the judgment became final and conclusive on December 19, 2013. The offense against the Defendant, which the judgment of the court below rendered with respect to the Defendant, is concurrent crimes with the above offense for which the judgment became final and conclusive in accordance with Article 37(1) of the Criminal Act, and is at the same time decided in accordance with Article 39(1) of the Criminal Act, taking into account equity and taking into account whether to reduce or exempt the sentence, and thus, the judgment of

3. Accordingly, 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 argument of unfair sentencing.

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are as follows: the first criminal facts of the judgment of the court below added "the defendant was sentenced to three months of imprisonment due to an injury at the Busan District Court's Dong Branch's branch on December 11, 2013 and the judgment became final and conclusive on December 19, 2013," and the second 4th th th th th th th th th th th: the defendant's statement, criminal records, etc., and the investigation report (related case's judgment and confirmation of the date of release) are the same as each corresponding column of the judgment of the court below, and it is also cited in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reasons for sentencing in the latter part of Article 37 and Article 39(1) of the Criminal Act dealing with concurrent law.