The judgment of the court below is reversed.

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

【Reasons for Appeal】

1. The sentence of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.

2. On June 14, 2019, the Defendant was sentenced to two years of imprisonment with prison labor for injury, etc. in Gyeyang Branch Branch Branch of the Jung-gu District Court, and the judgment became final and conclusive on November 29, 2019. The Defendant’s crime in the judgment below is in concurrent crimes with the above injury crime for which judgment became final and conclusive, and is in concurrent crimes under the latter part of Article 37 of the Criminal Act, and should be sentenced in consideration of equity with which judgment is to be rendered at the same time in accordance with the first sentence of Article 39(1) of the Criminal Act. As such, the lower judgment became final and conclusive

3. The judgment of the court below is reversed in accordance with Article 364(2) and (6) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, on the ground that there is a ground for ex officio reversal. The judgment below is reversed, and it is again decided as follows

【Reasons Concerning the Prosecution’s Facts and the Summary of Evidence】 The phrase “ended” in the 16th sentence of the lower judgment on the 16th day of the lower court’s summary of the facts of the crime and evidence was changed to “the Defendant’s partial statement of the Defendant on November 29, 2019, which was sentenced to two years of imprisonment due to the crime of injury, etc. in the Goyang Branch Branch of the District Court on June 14, 2019, and the judgment became final and conclusive on November 29, 2019”; “1. The Defendant’s partial statement of the Defendant’s trial” in the 3th 18th day to “1. Defendant’s trial statement”; and except for the addition of “the Defendant’s party trial statement” at the last 4th seventh day

Application of Statutes

1. Article 156 of the Criminal Act as to the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. The latter part of Articles 37 and 39 (1) of the Criminal Act dealing with concurrent crimes under Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of applicable sentences under law: Imprisonment for one month to thirty years; and

2. The types of recommendations according to the sentencing criteria.