The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and two months.

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and four months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the following facts are examined. According to the records of this case, the Defendant was sentenced to imprisonment with prison labor for six months for an injury and one year of suspended execution on February 20, 2019 at Ansan District Court’s Ansan Branch, and the judgment on July 27, 2019 became final and conclusive.

Since each crime of the judgment of the court below against the defendant and the above bodily injury for which the judgment of the court below became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment for each crime of the judgment of the court below shall be sentenced in consideration of equity with the case where the judgment of the court below is held simultaneously in accordance with Article 39(1)

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant and prosecutor's assertion of unfair sentencing, and the judgment below is reversed and it is so decided as follows.

[C] The first head of the lower judgment’s criminal facts and the summary of the evidence are as follows: “The Defendant was sentenced to six months of imprisonment with prison labor and one year of suspended execution on February 20, 2019, and the judgment became final and conclusive on July 27, 2019” in the first head of the lower judgment’s criminal facts and the summary of the evidence. The summary of the evidence added “1. previous conviction: Defendant’s current trial statement: Defendant’s current trial statement and the Defendant’s judgment of injury (2018 High Court Decision 3747)” to the summary of the evidence, and it is identical to each corresponding column of the lower judgment, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) and Article 30 of the Criminal Act, Articles 352, 347(1) and 30 of the Criminal Act, Articles 352, 347(1) and 30 of the Criminal Act, the choice of imprisonment for a crime;

1. The Criminal Act dealing with concurrent crimes;