The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for four months.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.

2. Examining the record of the instant case’s ex officio determination, the Defendant’s judgment became final and conclusive on January 17, 2015, on the following grounds: (a) three years of suspended execution in imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a deadly weapon, injury, etc.) in the Goyang branch of the Jung-gu District Court on January 9, 2015; and (b) three years of probation, probation,

The crime of violation of the Punishment of Violences, etc. Act and the crime of this case, which became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, with regard to concurrent crimes under Article 39(1) of the Criminal Act, and the punishment shall be determined in consideration of equity in cases where a concurrent judgment is rendered pursuant to Article 39(1) of

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are as shown in the corresponding column of the judgment below, except for adding "1. The summary of the evidence of this case agreement, supplementary meeting of this case, and judgment" to the summary of the evidence, and as stated in the corresponding column of the judgment of the court below, the defendant shall be admitted as it is in accordance with Article 369 of the Criminal Procedure Act, on the grounds that "the defendant is sentenced to a suspended sentence of two years of imprisonment on January 9, 2015 due to a violation of the Punishment of Violences, etc. Act (a collective weapon, bodily injury, etc.), probation and community service in the High Court Support of the Jung-gu District Court on January 9, 2015."

Application of Statutes

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The grounds for sentencing under Article 62(1) of the Criminal Act and the records and arguments of the instant case.