The judgment of the court below is reversed.

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

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the Defendant’s grounds for appeal.

According to the records of this case, the Defendant was sentenced to two years of imprisonment with prison labor for violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) in the Chuncheon District Court's Gangnam Branch on September 18, 2015, and the judgment became final and conclusive on September 26, 2014.

As above, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the crime of bodily injury in this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment for the crime of bodily injury in this case shall be determined in consideration of equity and the same under Article 39(1) of

Therefore, the judgment of the court below can no longer be maintained.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as above, and the following is again decided after pleading.

[C] The summary of the facts constituting an offense and evidence admitted by this court is as follows: (a) the summary of the facts constituting an offense and evidence is identical to the entries in each corresponding column of the judgment of the court below, except for the addition of the "in the 2nd 9th 9th 9th 2015 senior data (the summary of the case agreement and the case assistant branch court of Chuncheon district court of 2015 senior 812)" to the effect that "the defendant was sentenced to two years of imprisonment with prison labor on September 18, 2015 for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) in the Chuncheon district court of Chuncheon as of September 18, 2015."

Application of Statutes

1. Article 257(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

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

1. Reasons for sentencing in the latter part of Article 37 of the Criminal Code and the first sentence of Article 39(1) of the Criminal Code.