The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a period of two months.

1. The lower court dismissed the public prosecution regarding the crime of assault among the facts charged in the instant case and convicted the remainder of the facts charged.

However, since only the prosecutor appealed the guilty portion of the judgment below and did not appeal all the prosecutor and the defendant with respect to the dismissal of prosecution, the dismissal of prosecution in the judgment below became final and conclusive as it is.

Therefore, only the guilty portion of the judgment of the court below is subject to the judgment of this court.

2. The sentence imposed by the lower court (two months of imprisonment) is too unhued and unreasonable.

3. We examine ex officio the prosecutor’s grounds for appeal prior to the judgment ex officio.

According to the evidence duly adopted and examined by the court below and the trial court, it is recognized that the defendant was sentenced to 10,000 won of imprisonment with prison labor for injury, etc. at the Ulsan District Court on June 2, 2016 and the above judgment was finalized on August 16, 2016. Thus, the crime of the court below and each of the above crimes of which judgment became final and conclusive on the defendant are concurrent crimes under the latter part of Article 37 of the Criminal Act, and should be sentenced to punishment for the crime of the court below's decision in consideration of equity in cases where it is judged simultaneously pursuant to the main sentence of Article 39 (1) of the Criminal Act. Therefore, the judgment of the court below cannot

4. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the judgment below is ruled as follows through pleading.

[C] The summary of the facts constituting an offense and evidence admitted by this court is added to the first head of the facts constituting an offense, and the summary of the evidence was "the defendant was sentenced to 10,000 won of imprisonment with prison labor and a fine of 3,00,000 won by the Ulsan District Court on June 2, 2016, and the above judgment became final and conclusive on August 16, 2016" in the phrase "1. prior conviction" in the summary of the evidence.