The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. The summary of the grounds for appeal (defendants) by the lower court is too unreasonable as the punishment (two years and six months of imprisonment) is too unreasonable.

2. According to the records of ex officio determination, it can be recognized that the defendant was sentenced to eight months of imprisonment with prison labor for an injury at the Busan District Court on September 3, 2014 and that the above judgment became final and conclusive on the 12th of the same month. Since the crime for which the above judgment became final and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, in accordance with Article 39(1) of the Criminal Act, a sentence shall be determined after considering the equity and the mitigation or exemption of punishment, and in this respect, the judgment of the court below may no longer

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as stated in each corresponding column of the judgment below, except for the addition of "the defendant was sentenced to eight months of imprisonment with prison labor for an injury at the Busan District Court on September 3, 2014 and the judgment became final and conclusive on September 12, 2014" to the first head of the facts charged in the original judgment. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (4), (3) 3, and (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act on the Punishment of Criminal Crimes, Article 257 (1) of the Criminal Act (the point of inflicting an injury on a dangerous article) and Article 314 (1) of the Criminal Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a person who violates the Punishment of Violences, etc. that is heavier than the punishment shall be imposed);

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Crimes of concurrent crimes and mitigation thereof which have become final and conclusive in the latter part of Article 37, Article 39(1) and Article 55(1)3 of the Criminal Act;