The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered against the defendant is too unreasonable.

2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the first head of the charge was examined by the Prosecutor, and the first head of the charge was determined on February 12, 2016 by the Daejeon District Court on February 4, 2016 after having been sentenced to a three-year sentence of suspension of execution on October 12, 2016. On April 6, 2016, the judgment became final and conclusive on April 15, 2016 by having been sentenced to a two-year suspended sentence of imprisonment for a crime of violation of the Punishment of Violences, etc. Act (joint injury) at the Daejeon District Court on April 6, 2016.

In addition, “the latter part of Article 37 of the Criminal Act,” and “Article 39(1) of the Criminal Act,” the applicable law applied to apply for amendments to Bill of Indictment, and this Court permitted this.

Therefore, since each crime of the judgment below and each of the above crimes for which judgment of the court below became final and conclusive are concurrent crimes with the latter part of Article 37 of the Criminal Act, a sentence should be imposed to the defendant in consideration of equity in the case of concurrent judgments pursuant to Article 39(1) of the Criminal Act, the judgment of the court below which did not consider it has become no longer maintained

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 unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

【Grounds for another judgment] The criminal facts and summary of evidence against the defendant recognized by the court is the first head of the judgment of the court below, and the judgment of the court below is final and conclusive on February 12, 2016 after being sentenced to a suspended sentence of three years for special bodily injury at the Daejeon District Court on February 4, 2016. On April 6, 2016, the judgment of the court below is sentenced to a suspended sentence of two years for six months for a violation of the Punishment of Violences, etc. Act (joint injury) at the Daejeon District Court on February 4, 2016.