The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the record of this case reveals that the Defendant was sentenced to imprisonment with labor for a special injury at the Incheon District Court on February 22, 2018 and was finalized on July 13, 2018. As such, the crime for which the judgment became final and conclusive and the crime of this case are concurrent crimes by a group after Article 37 of the Criminal Act, and the punishment of this case is determined in consideration of equity and the case where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act. Thus, the lower judgment is no longer maintained.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, since there is a ground for reversal ex officio as above, and the judgment below is reversed, and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by the court is a summary of the facts constituting an offense and evidence, and the summary of the facts constituting an offense in the judgment below was terminated.

“Completion,” and on February 22, 2018, the Incheon District Court sentenced one year and two months of imprisonment with prison labor due to a special injury, etc., and the said judgment became final and conclusive on July 13, 2018.

Inasmuch as the lower judgment’s dismissal is the same as each corresponding column of the lower judgment, it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes: (a) the reason for sentencing under Article 39(1) is that even though the Defendant could have had the same record, the Defendant committed the instant crime in another detention house during the same repeated crime period, and the nature of such crime is bad; (b) the victim suffers relatively serious injury; and (c) no agreement is reached with the victim.