The judgment of the court below is reversed.

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

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one hundred months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the lower court, by applying Article 2(2) and 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act, with regard to the joint injury among the facts constituting the instant crime.

In this regard, Article 1(1)3 of the former Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act were partially amended and deleted by Act No. 13718 on January 6, 2016 and cannot be applied to the crime of this case as to habitual injury. As such, Article 2(2)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act shall apply to the crime of this case committed by the Defendant.

In this respect, the judgment of the court below on this part cannot be maintained.

3. Thus, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the above grounds for reversal of authority, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of joint injury), Articles 136 (1) and 30 of the Criminal Act, and Article 314 (1) of the Criminal Act concerning a crime;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences and the choice of punishment;

1. Selection of each sentence of imprisonment;

1. Although the defendant had been subject to punishment several times for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, the crime of this case is committed.