The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for nine months.

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. Before the judgment on the grounds for appeal by the defendant ex officio, the defendant was sentenced to two months of imprisonment with prison labor for a crime of violation of the Punishment of Violences, etc. (joint injury) in the Hongsung Branch of the Daejeon District Court on February 6, 2017. On February 14, 2017, the above judgment became final and conclusive. Since the above crime and each crime in the judgment of the court below, which became final and conclusive, are concurrent crimes in relation to a group of crimes after Article 37 of the Criminal Act, a punishment for each crime in the judgment of the court below shall be determined at the same time in consideration of cases where the judgment is to be rendered pursuant to Article 39(1) of the Criminal Act and equity, the judgment of the court below

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

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as follows: (a) the Defendant was sentenced to two months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) in the Red Support of the Daejeon District Court on February 6, 2017; and (b) the judgment on February 14, 2017 became final and conclusive.

In addition to adding “1. Date of confirmation, text of judgment, etc.” to the summary of evidence, it is identical to each corresponding column of the lower judgment, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 2(2) and Article 2(1)3 of the Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016; hereinafter the same shall apply), Article 257(1) of the Criminal Act (a) of the Criminal Act; Article 257(1) of the Criminal Act; Article 257(1) of the Criminal Act; Article 260(1) of the Criminal Act (a) of the Criminal Act; Article 260 of the Criminal Act (a) of the Criminal Act; Article 260 of the option of punishment; hereinafter the same shall apply)

1. The latter part of Article 37 of the Criminal Code for the treatment of concurrent crimes, provided that Article 39.