The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Summary of Grounds for Appeal

(F) The sentence of imprisonment (six months of imprisonment) of the court below is too unreasonable.

According to the records of ex officio determination, the Defendant, at the Daejeon District Court on November 29, 2013, sentenced one year to imprisonment with prison labor for violating the Punishment of Violences, etc. Act, and two years of suspended execution on August 28, 2014, which became final and conclusive on August 28, 2014, and the Defendant may recognize the facts of committing the instant crime before the aforementioned judgment becomes final and conclusive. As such, the crime for which judgment became final and the instant crime are in a concurrent relationship under the latter part of Article 37 of the Criminal Act, and after examining whether to reduce or exempt punishment in consideration of equity and the case where a judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act, the lower court is unable to be maintained in this respect

The judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court below is reversed, and the following is again decided after oral argument.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is as follows: the first head of the judgment of the court below in the criminal charge column, with the exception that "the defendant was sentenced on November 29, 2013 to imprisonment with prison labor for one year, two years of suspended execution, and the above judgment became final and conclusive on August 28, 2014 at the Daejeon District Court on the grounds of violation of the Punishment of Violence, etc. Act (collectively Weapons, etc.)" was added to the summary of the evidence; "1."

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Article 2 (2) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, and Article 257 (1) and Article 257 of the Criminal Act;