The judgment below

The remainder, excluding the rejection of an order for compensation and an application for compensation, shall be reversed.

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

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

On January 18, 2019, the Defendant was sentenced to four months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) and one year of suspended execution on December 13, 2019, and was sentenced to dismissal on December 21, 2019, and the said judgment became final and conclusive as of December 21, 2019.

The crime of each crime of the judgment below against the defendant and the violation of the Punishment of Violences, etc. Act (joint injury) against which the judgment of the court below becomes final and conclusive is related to concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment shall be sentenced in consideration of the equality with the case of concurrent crimes under Article

Therefore, the judgment of the court below cannot be maintained.

3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act (excluding the part of rejection of an order for compensation and an order for compensation) without examining the grounds for ex officio reversal of the defendant and the prosecutor's argument of unfair sentencing, and it is again decided as follows.

【The reasons for the judgment in multiple times】 The criminal facts and the summary of evidence against the defendant recognized by the court in this Court are the first head of the crime of the court below, and the defendant is punished by imprisonment with prison labor for four months on January 18, 2019 for violation of the Punishment of Violences, etc. Act (joint injury) and one year on December 13, 2019 for suspension of execution. The judgment of dismissal of the appeal on December 21, 2019 became final and conclusive as it is, except for addition, as stated in each corresponding column of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. To treat concurrent crimes;