The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. According to the records of this case’s judgment ex officio, on August 31, 2018, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution at the Seoul Western District Court on the grounds of assault, etc., and the judgment became final and conclusive on July 24, 2019.

The final and conclusive assault crimes and each of the crimes of this case shall be sentenced to punishment for each of the crimes of this case in consideration of equity and the concurrent crimes under Article 39(1) of the Criminal Act, with regard to the relationship between the latter part of Article 37 of the Criminal Act.

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

3. The judgment of the court below is reversed ex officio under Article 364(2) of the Criminal Procedure Act by omitting the judgment of the court below as to the allegation of unfair sentencing by the defendant and prosecutor, and following the pleadings.

【The reasoning of the judgment of the court below in light of the facts constituting the crime and the summary of the evidence admitted by the court below, and the summary of the facts constituting the crime of the judgment of the court below, are stated in the first part of the judgment of the court below as follows: “The defendant was sentenced to eight months of imprisonment due to assault, etc. at the Seoul Western District Court on August 31, 2018, and two years of suspended execution, and the judgment became final and conclusive on July 24, 2019.” The summary of the evidence in the last part of the judgment of the court below, except for the addition of “1.: the Seoul Western District Court: 2018No1241, Dec. 41, 2018; 2017No1330, etc., and two copies of the judgment

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), and 366 (a) of the Criminal Act concerning criminal facts;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;