The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. Summary of grounds for appeal;

A. Since the crime of fraud in this case is in a relationship between the crime of assault for which judgment has become final and the crime of assault under the latter part of Article 37 of the Criminal Act, the judgment of the court below which did not consider equity with the case of assault at the same time

B. The sentence of an unreasonable sentencing (4 months of imprisonment) by the lower court is excessively unreasonable.

2. We examine the assertion of misapprehension of legal principles.

According to the records, the defendant was sentenced to six months of imprisonment with prison labor for the crime of assault at Seoul Southern District Court on November 5, 2015, one year of suspended sentence (the above court 2015Da4143), and was sentenced to the dismissal of appeal on August 12, 2016 (the above court 2015No1963), and on September 30, 2016 (the Supreme Court 2016Do13134).

According to the above facts of recognition, the crime of injury in this case is in the relation of concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of assault in this case for which judgment has become final and conclusive, and the punishment shall be imposed in consideration of equity with the case of the judgment concurrently with the crime of assault in accordance with Article 39(1) of the Criminal Act. The judgment of the court below

3. If so, the defendant's appeal (legal scenarios argument) is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

[C] The summary of the criminal facts and evidence against the defendant are as follows: "The defendant was sentenced to six months of imprisonment with prison labor and one year of suspended execution at the Seoul Southern District Court on November 5, 2015, and the above court was sentenced to dismissal of appeal on August 12, 2016, and was sentenced to dismissal of appeal by the Supreme Court on September 30, 2016, and was sentenced to dismissal of appeal by the Supreme Court on September 30, 2016." The summary of the evidence is as stated in each corresponding column of the judgment of the court below except for adding "each case inquiry table" to the summary of the evidence. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;