The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The sentence of the original court (six months of imprisonment) shall be too vague and unfair.

2. Before determining the Defendant’s ex officio on the assertion of unfair sentencing, the Defendant was sentenced on September 26, 2013 by the Busan High Court to a four-year term of imprisonment with prison labor for the crime of bodily injury, etc., and the judgment became final and conclusive on December 12, 2013. The above crime and each of the instant crimes committed by the Defendant, for which the judgment became final and conclusive, are related to concurrent crimes under the latter part of Article 37 of the Criminal Act, with regard to which both the above crime and the Defendant are concurrent crimes under the latter part of Article 39(1) of the Criminal Act, and are concurrently determined by the judgment below after considering equity

3. Accordingly, 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, and the judgment below is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are all the facts charged in the judgment of the court below. "The defendant was sentenced to four years of imprisonment with prison labor by the Busan High Court on September 26, 2013 and such judgment became final and conclusive on December 12, 2013," and except for adding "1. Conet search result" to the summary of the evidence, it is identical to each corresponding column of the judgment of the court below. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. It is difficult to agree with the victim in favor of the defendant, such as the circumstance leading to the crime of this case, the circumstance leading to the crime of this case, the fact that the defendant recognized the crime of this case, and the circumstance that the judgment could have been judged simultaneously with the crime of injury for which judgment became final and conclusive, in the detention house for the reason of sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act.