The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The sentence (1.5 million won in penalty) declared by the court below on the gist of the grounds of appeal is too unfilled and unreasonable.

2. Before the judgment on the grounds for appeal by the prosecutor ex officio, the Defendant’s oral statement was examined as follows: (a) the Defendant was sentenced on November 25, 2016 to two years of imprisonment with prison labor for a special injury at the Seo-gu District Court Branch Branch of the Daegu District Court, and the judgment became final and conclusive on December 3, 2016; and (b) as such, the special injury and the instant crime for which judgment became final and conclusive are related to the concurrent crimes after Article 37(1) of the Criminal Act, and the punishment is determined after examining whether to reduce or exempt the punishment in consideration of equity and the case where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act. In this regard, the lower judgment cannot be maintained.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence related thereto are the first head of the lower court’s judgment’s criminal history. The judgment was finalized on December 3, 2016, when the Defendant was sentenced to a two-year suspended sentence of imprisonment for a special bodily injury in the Seog District Court’s Seo Branch Branch on November 25, 2016 and was sentenced to a two-year suspended sentence of imprisonment for a special bodily injury.

“A previous conviction in the judgment of the court below” is the same as the corresponding column of the judgment of the court below, except for adding “a prior conviction in the judgment of the court below” in the space where the evidence is used. As such, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following sentencing grounds) is that the defendant agreed with the victim, and the special injury crime for which a judgment has become final and conclusive.