The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. We examine ex officio prior to the determination of unfair sentencing grounds.

According to the records, on May 27, 2016, the defendant was sentenced to eight months of imprisonment with prison labor due to special injury in the support of the Suwon Friwon, and the judgment became final and conclusive on November 24 of the same year.

As above, the Defendant’s crime of special injury, etc., for which judgment became final and conclusive, as well as the crime of this case, shall be determined after examining whether to reduce or exempt punishment in consideration of equity in cases where a judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act in relation to concurrent crimes after Article 37 of the Criminal Act

Therefore, the judgment of the court below can no longer be maintained.

3. In conclusion, 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 unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows: "The defendant was sentenced on May 27, 2016 to imprisonment with prison labor for a special injury, etc. on the support of the Suwon Friwon, and the judgment became final and conclusive on November 24 of the same year.

“A previous conviction in the judgment of the court below in the summary of evidence” is as stated in each corresponding column of the court below, except for the addition of “A summary information inquiry of the case in the summary of the judgment of the court below as stated in each corresponding column of the court below,” and thus, it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act, except for the addition of “A summary information inquiry of the case in the judgment of the court below in the summary of the judgment of the court below (Seoul District Court Decision 2016Da703 decided May 27, 2016; Supreme Court Decision 2016No3849 decided September 7, 2016; Supreme Court Decision 2016Do15497 Decided November 21, 2

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Articles 319(2) and 319(1) of the Criminal Act ( point of refusing to withdraw), Article 366 of the Criminal Act, and choice of imprisonment with prison labor, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Handling concurrent crimes;