The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The decision of the court below on the gist of the grounds for appeal (two months of imprisonment and two years of suspended execution) is too unfluent and unfair.

2. We examine ex officio prior to determining the grounds for appeal by the ex officio judgment prosecutor.

According to the evidence duly adopted and examined by the trial court, the defendant was sentenced to the suspension of the execution of six months of imprisonment with prison labor for injury, etc. by the Suwon District Court on October 13, 2016, and the judgment was finalized on October 21, 2016.

Therefore, the punishment for the crime of injury and the crime of injury in the judgment of the court below against the defendant, which became final and conclusive, shall be sentenced in consideration of equity in the case of concurrent judgments pursuant to Article 39(1) of the Criminal Act, since the crime of injury and the crime of injury in the judgment of the court below against the defendant are concurrent crimes under the latter part of

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's argument of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

[C] The summary of the facts constituting an offense and evidence admitted by the court and the summary of the evidence are as follows. The "criminal facts" of the judgment of the court below is as follows: "The defendant was sentenced to two years of suspension of execution on October 13, 2016 and the judgment became final and conclusive on October 21, 2016 due to injury, etc. by the Suwon District Court on October 13, 2016" in the first head; and "the summary of evidence" is as stated in the last part of the judgment of the court below, except for addition of "1. The copy of the judgment: the copy of the judgment and the supplementary meeting to the agreement of the case" as stated in each corresponding column of the judgment of the court below. Thus, it

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

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

1. The sentencing of Article 62(1) of the Criminal Act (such as favorable circumstances referred to below) is based on suspended sentence.