The judgment of the court below is reversed.

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

The punishment of the court below (five months of imprisonment) shall be too large and unfair.

Before determining the Defendant’s unfair assertion of sentencing, the records show that the Defendant was sentenced to imprisonment with prison labor on November 3, 2015 on the grounds of special assault, etc. at the Gwangju District Court, and on November 11, 2015, the judgment became final and conclusive.

As above, the above special assault crime, etc., for which the judgment became final and conclusive, and the crime of this case, are concurrent crimes with the latter part of Article 37 of the Criminal Act, and the punishment shall be determined after examining whether to reduce or exempt punishment by taking into account the equity in cases where the judgment is to be rendered at the same time pursuant to Article 39(1) of the Criminal Act. Thus, the judgment of the court below which did

Therefore, the judgment of the court below is reversed in accordance with Article 362 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment of the court below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this Court is the first head of the judgment of the court below, and the judgment of November 11, 2015 became final and conclusive on November 2015, when the defendant was sentenced to eight months of imprisonment for special assault, etc. at the Gwangju District Court on November 3, 2015.

In addition, “each judgment” is the same as the corresponding column of the judgment of the court below, except for the addition of “each judgment” in the summary of the evidence, and this is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 156 of the Criminal Act applicable to the facts constituting an offense and Article 156 of the choice of punishment;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

1. The reasons for sentencing under Articles 157 and 153 of the Criminal Act are as follows: (a) even though the defendant does not face with a vehicle, he/she made it difficult for him/her to commit a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., an escape vehicle); (b) the nature of the crime is bad; and (c) May 1, 2014.