The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. The sentence of the lower court (the imprisonment of eight months, the suspension of the execution of two years, the observation of protection, and the community service order of 120 hours) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant

On December 14, 2017, the Defendant was sentenced to two years of suspension of execution, protection observation, community service order 120 hours, compliance driving lecture 40 hours, and the judgment became final and conclusive on December 22, 2017, due to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Chuncheon District Court on October 10, 2017. The Defendant’s crime as stated in the judgment of the lower court and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against the Defendant, for which the judgment of the lower court became final and conclusive, shall be sentenced to punishment for the crime as stated in the judgment of the lower court in consideration of equity with the case where it is simultaneously decided pursuant to the main sentence of Article 39(1) of the Criminal Act.

In this regard, the prosecutor sentenced the defendant to a suspended sentence of 2 years, protection observation, community service order 120 hours, compliance driving lecture 40 hours on December 22, 2017 and the judgment became final and conclusive on December 22, 2017, for the following reasons: “The defendant was sentenced to a suspended sentence of 2 years, protection observation, community service order 120 hours, compliance driving lecture 40 hours, etc. in December 14, 2017.

In addition, “the latter part of Article 37 of the Criminal Act,” and “the latter part of Article 39(1) of the Criminal Act,” under the applicable law, the court applied for permission to amend the bill of amendment, and this court permitted this. Since the subject of adjudication was changed as above, the judgment of the court below was no longer maintained.

3. As such, the judgment of the court below is reversed in accordance with 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.

[Judgment which has been used again] The summary of facts constituting an offense and evidence is recognized by the court.