The judgment of the court below is reversed.

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

1. The sentence imposed by the court below on the defendant (four months of imprisonment) is too unreasonable.

2. According to the records of ex officio determination, the Defendant was sentenced to six months of imprisonment with prison labor for an injury at the Busan District Court on September 8, 2015 and the judgment became final and conclusive on December 19, 2015. As such, the crime of the Defendant’s crime and the above bodily injury, which became final and conclusive on December 19, 2015, in relation to a group of concurrent crimes after Article 37 of the Criminal Act, should be sentenced to punishment for the Defendant, taking into account equity with the case at the same time, in accordance with the first sentence of Article 39(1) of the Criminal Act, and thus, the lower court’s judgment

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence of the defendant recognized by this court has been terminated on the 3th day below of the original judgment.

“The Defendant terminated,” and on September 8, 2015, the Busan District Court sentenced the Defendant to six months of imprisonment with prison labor for an injury, which became final and conclusive on December 19, 2015.

“In addition to the fact that “the investigation report (the confirmation report of the identification facilities of the suspect)” in the second nine pages is the same as the entry in each corresponding column of the judgment of the court below, except that “the investigation report of the prosecutor’s office (the confirmation report of the suspect identification facilities), each copy of each written judgment (the Busan District Court 2015 High Court 2497 and 2015No. 3182), and the cotenet case search.” As such, it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing after Article 37 of the Criminal Act to deal with concurrent crimes, but the reason for sentencing of Article 39 (1) (only between the crime of judgment and the injury crime of which judgment has become final and conclusive) is as follows.