The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

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

2. Before determining the grounds for appeal by the Defendant’s ex officio, the Defendant’s statement at the court of the trial at the court of the first instance was examined as follows. On August 12, 2016, it is recognized that the above judgment became final and conclusive on October 28, 2016 by having sentenced the Defendant to one year and two months of imprisonment with prison labor at the Busan District Court on August 12, 2016 due to the crime of violation of the Punishment of Violences, etc. Act (joint conflict). The above crime of violation of the Punishment of Violences, etc. Act (joint conflict) for which judgment became final and conclusive and the instant crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, and after examining whether to reduce or exempt punishment in consideration of equity and the case at the same time under Article 39(1)

3. Accordingly, 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, and the judgment below is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: "The defendant was sentenced to one year and two months of imprisonment at the Busan District Court on August 12, 2016 due to the violation of the Punishment of Violences, etc. Act (joint conflict) at the Busan District Court on August 12, 2016, and the above judgment became final and conclusive on October 28, 2016." The summary of the evidence No. 11 of the judgment of the court below is as stated in each corresponding column of the judgment of the court below, except for adding "the statement at the court court of first instance" to "the summary of the evidence No. 2nd 11 of the judgment of the court below. 369 of the Criminal Procedure Act."

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and 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 and Article 39(1) of the Criminal Act dealing with concurrent crimes.