The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) of the judgment of the court below is unfair because the sentence imposed on the defendant (in prison labor for four months, two years of suspended execution, two years of probation, community service) is too unreasonable.

2. According to the records of ex officio determination, the Defendant was sentenced to one year and seven months of imprisonment with prison labor for special injury, etc. at the Daejeon District Court on October 26, 2016, and two years of suspended execution on May 5, 2017, and the above judgment became final and conclusive on May 5, 2017, and the Defendant committed the instant crime, which was found guilty by the lower court prior to the final and conclusive judgment.

As above, in the crime for which judgment became final and the instant crime are concurrent crimes after Article 37 of the Criminal Act, a punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity and equity in cases where judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act.

Therefore, the judgment of the court below which did not consider it is impossible to maintain it as it is.

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 unfair argument of sentencing, and the judgment of the court below is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts constituting a crime and evidence admitted by this court is as follows: “The Defendant added “one year and seven months of imprisonment with prison labor due to a special injury, etc. at the Daejeon District Court on October 26, 2016, and the said judgment became final and conclusive on May 5, 2017” to the first head of the facts constituting a crime under the provision of the lower judgment; and except for the addition of “1. judgment and summary information inquiry of the case” in the column for “a summary of evidence” as stated in the respective corresponding column of the lower judgment.

In accordance with Article 369 of the Criminal Procedure Act, they are quoted as it is.

Application of Statutes

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Sentencing Article 62-2 of the Criminal Code of the Social Service Order.