The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the Defendant’s grounds for appeal.

According to the records of this case, the defendant was sentenced to imprisonment on June 22, 2010 with prison labor for a violation of the Punishment of Violences, etc. Act (in the night, group, deadly weapons, etc.), in the early branch of the Chuncheon District Court, on November 10, 201, and the execution of the sentence was terminated at Chuncheon Prison on November 10, 201, and at the time three years have not passed since the completion of the above execution, the defendant committed the crime of attack Nos. 1 and 2 of special assault and crime list Nos. 1 and 2 in the judgment of the court below at the time when three years have not passed since the above execution was completed. Thus, even though the crime of assault Nos. 1 and 2 in the judgment of the court below constitutes a repeated crime under Article 35 of the Criminal Act, the court below erred by misapprehending the legal principles as to the repeated crime, which affected the conclusion of the judgment.

In this respect, the judgment of the court below is no longer maintained.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 261, 260(1) (a) of the Criminal Act regarding the choice of punishment, Article 350(1) (a) of the Criminal Act, Articles 352 and 350(1) (a) of the Criminal Act, Articles 352 and 350(1) (a)) of the Criminal Act, Article 257(1) of the Criminal Act (a point of injury) of the Criminal Act, the choice of imprisonment for each case;

1. The Criminal Act for aggravated repeated crimes.