The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the records of this case revealed that the Defendant was sentenced to ten months of imprisonment with prison labor for special injury, etc. at the Gwangju District Court on August 18, 2017 and two years of suspension of execution on August 26, 2017. Thus, the instant crime committed before the said judgment became final and conclusive is in the concurrent relationship between the special injury crime for which the judgment became final and conclusive under Article 37 of the Criminal Act, and the latter part of Article 39(1) of the Criminal Act, and the sentence is determined after examining whether to reduce or exempt the sentence, taking into account equity with the case where the judgment is to be rendered at the same time pursuant to Article 39(1) of the Criminal Act. In this respect, the lower judgment cannot be upheld

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

[Grounds for the lower court’s judgment] The summary of facts constituting a crime and evidence recognized by this court is as follows: “The Defendant was sentenced to two years of suspended sentence for a special injury at the Gwangju District Court on August 18, 2017 and became final and conclusive on August 26, 2017 due to a special injury, etc.”; and “1.........................................., the Defendant were stated in each corresponding column of the lower court’s judgment except for the case’s text (No. 2017 High Court Decision 761), and the comprehensive information of the case (No. 7163).”

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the crime, Article 329 of the Criminal Act that prescribes the choice of punishment (absonance), Article 260 (1) of the Criminal Act (absonance of violence), Article 319 (1) of the Criminal Act (absonance of residence), and the choice of imprisonment with prison labor;

1. The Criminal Act dealing with concurrent crimes;