The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three months.

1. Summary of grounds for appeal;

A. In light of the fact that the defendant's mistake is divided in depth, that the defendant suffers from euthantic disorder and eutic disorder and that such circumstance was the cause of the crime of this case, the punishment sentenced by the court below (three months of imprisonment) is too unreasonable.

B. In light of the fact that the Defendant, who is confined in the detention house, inflicted an injury upon his employee D in need of medical treatment for three weeks by shouldering the arms of his employee D in the detention house, and that the nature of the crime is extremely poor, and that the Defendant has been punished four times due to the obstruction of the performance of official duties, etc., the punishment imposed by the lower court is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

According to the records, the defendant was sentenced to six months of imprisonment for fraud, etc. at the Seoul Southern District Court on June 23, 2016 and the judgment became final and conclusive on October 21, 2016.

Therefore, inasmuch as the crime of the judgment of the court below and the crime of fraud against the defendant for which the judgment of the court below became final and conclusive are concurrent crimes of the latter part of Article 37 of the Criminal Act, punishment for the crime of the judgment of the court below should be sentenced in consideration of equity with the case where the judgment is to be rendered simultaneously

In this respect, the judgment of the court below cannot be maintained as it is.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the error of sentencing by the defendant and the prosecutor, and the judgment of the court below is reversed and it is again decided as follows after pleading.

【Judgment in Seoul Southern District Court sentenced on June 23, 2016, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Seoul Southern District Court on October 21, 2016, and the judgment became final and conclusive on October 21, 2016.

“A summary of evidence” is the column for “a summary of evidence.”