The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for two years from the date this judgment becomes final and conclusive.

1. The main point of the grounds for appeal is that the community service order of 3 years of suspended execution and 160 hours is too unreasonable for two years of imprisonment sentenced by the court below.

2. Reviewing the judgment on the grounds for appeal ex officio, the record reveals that the Defendant was sentenced to imprisonment with prison labor for six months on June 24, 2013 with prison labor for the crime of injury in this court, etc. and that the above judgment became final and conclusive on December 18, 2013. Since the instant crime was committed before the judgment becomes final and conclusive, the instant crime was committed before the judgment becomes final and conclusive, in relation to each of the above crimes and the latter part of Article 37 of the Criminal Act, the punishment shall be determined by taking into account equity and the case where the judgment is concurrently rendered in accordance with Article 39(1)

However, the judgment of the court below does not take into account this, and thus, it cannot avoid reversal in this respect.

3. 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, on the grounds of ex officio reversal as above, and the following decision is rendered through pleadings.

Criminal facts

In addition to adding "the defendant is a person who was sentenced to six months of imprisonment with prison labor on June 24, 2013 and the above judgment on December 18, 2013," the summary of facts and evidence acknowledged by this court is the same as the corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the occupation of inflicting an injury on carrying a dangerous object), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The Criminal Act, the suspension of execution;