The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The gist of the grounds for appeal (unfair sentencing) is that of the lower court’s punishment (eight months of imprisonment) excessively unreasonable.

2. Before making a judgment on the grounds for appeal, the Prosecutor added “Articles 37 and 39(1) of the Criminal Act” to the Defendant’s applicable law in the trial of the party, and “Defendant A was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul Northern District Court on July 3, 2015,” and was sentenced to 11 months in the first head of the charge.

9. 4. The execution of the sentence was completed, and on November 3, 2016, the Seoul Northern District Court was sentenced to eight months of imprisonment due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (traffic assault, etc.) at the Seoul Northern District Court, and the said judgment became final and conclusive on March 31, 2017.

The judgment of the court below was no longer maintained inasmuch as the amendment of the Bill of Indictment was applied for the addition of “the amendment of the Bill of Indictment,” and the subject of the adjudication was changed by this court.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and it is again decided as follows.

【Reasons for the Judgment to be used again] Criminal facts and summary of evidence recognized by this court are as follows. The summary of facts constituting a crime and summary of evidence in the reasoning of the judgment of the court below is cited in accordance with Article 369 of the Criminal Procedure Act, with the exception of adding “1. Criminal Records” to the last part of the grounds of the judgment of the court below, as stated in each corresponding column of the judgment of the court below.

Application of Statutes

1. Relevant Article 152 of the Criminal Act concerning the facts constituting an offense and Article 152 (1) of the Criminal Act concerning the selection of punishment;

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

1. The latter part of Article 37 of the Criminal Act regarding the treatment of concurrent crimes provided that Article 39(1) [the former part of Article 39(1) [the former part of the Criminal Act and the Act on the Aggravated Punishment, etc. of Specific Crimes for which the above crime and the judgment became final (such as driver’s assault), injury, special injury, and violence] is a single concurrent crime after Article 37 of the Criminal Act on the grounds