The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

20,000 won shall be additionally collected from the defendant.

1. Summary of grounds for appeal;

A. Legal principles are that the crime of this case does not constitute a repeated crime.

Even though the defendant was punished by applying the aggravated provision, the judgment of the court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.

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

2. In determining the Defendant’s assertion of misapprehension of the legal doctrine, the lower court did not include criminal records for repeated crimes as an aggravated factor in determining the scope of recommendation among the grounds for sentencing, but stated “Article 35 of the Criminal Act for aggravated repeated crimes” in the context of application of the sentence.

In this regard, according to the evidence duly adopted and examined by the lower court and the first instance court, the crimes committed by the Defendant in the judgment of the lower court committed between October 10, 2017 and October 13, 2017. The Defendant was sentenced to imprisonment for a period of eight months on November 9, 2012 due to a violation of the Punishment of Violences, etc. Act (Assault such as a group, deadly weapon, etc.) and the last criminal record prior to the instant crime, and there is no separate repeated crime between each of the above crimes.

Therefore, since the crime of this case does not constitute a repeated crime, there is an error of misapprehension of legal principles and contradiction in the reasoning of the judgment below.

I would like to say.

3. The defendant's argument of misunderstanding the legal principles is with merit. Thus, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act without further examination of the defendant's unfair argument of sentencing, and the following is again decided after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60(1)2 of the Act on the Management of Narcotics, etc., for the crime, and Article 4(1)1 of the Act on the Management of Narcotics, etc., for the Selection of Crimes, and Article 2 subparag. 3 of the same Act.