We reverse the judgment of the first instance court.

A defendant shall be punished by imprisonment for six months.

1. The sentence sentenced by the first instance court (or 8 months of imprisonment) on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. Ex officio determination

A. According to the evidence duly adopted and examined by the first instance court of the latter part of Article 37 of the Criminal Act, it is recognized that the defendant was sentenced to imprisonment on November 30, 2017 by the Seoul Central District Court for the crime of violation of the Punishment of Violences, etc. Act (joint injury) at the Seoul Central District Court on November 30, 2017, which became final and conclusive on December 8, 2017. Each of the crimes in the judgment of the first instance against the defendant and the above crimes for which judgment became final and conclusive on December 8, 2017 are concurrent crimes after Article 37 of the Criminal Act and should be sentenced in consideration of equity with the case where the judgment is rendered at the same time in accordance with the first sentence of Article 39(1) of the Criminal Act. Therefore, the judgment of the first instance court

B. According to the first instance judgment of aggravated repeated crimes and evidence duly adopted and examined by this court, the Defendant was sentenced to imprisonment with labor for six months at the Seoul Northern District Court on September 2, 2014 for a violation of the Punishment of Violences, etc. Act (joint injury) and the judgment became final and conclusive on September 12, 2014, but the said judgment was revoked on June 4, 2015, and the execution of the said sentence was completed on December 27, 2015. The first instance judgment was erroneous and erroneous in its judgment and did not aggravated repeated crimes.

3. According to the above conclusion, the judgment of the first instance court is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment is reversed, and the following is again decided after pleading.

[Grounds for a new judgment] The summary of facts constituting a crime and evidence recognized by the court is the first head of the "criminal fact" of the first instance judgment, and the defendant was sentenced to a suspended sentence of six months by imprisonment with labor for a violation of the Punishment of Violences, etc. (joint injury) at the Seoul Northern District Court on September 2, 2014, and the judgment became final and conclusive on September 12, 2014, but on June 4, 2015.