All judgment of the court below shall be reversed.

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

1. The sentence of each court below’s sentencing (in the first instance court: imprisonment with prison labor for 5 months and 2 months: imprisonment with prison labor for 4 months) is too unreasonable.

2. Prior to the judgment on the above grounds for appeal ex officio, the court below examined the above grounds for appeal ex officio, and sentenced the defendant to the above punishment. The defendant filed an appeal against the judgment of the court below against the defendant Nos. 1 and 2, and the court of the above judgment decided to hold concurrent hearings. Each of the crimes of the court below Nos. 1 and 2 against the defendant shall be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes pursuant to Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, all of the judgment of the court below cannot escape from reversal.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows, without further proceeding to decide on the defendant's unfair argument of sentencing.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 366 of the Criminal Act, and choice of imprisonment with prison labor for the crime;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the punishment of concurrent crimes are as follows: (a) the defendant was investigated by an investigative agency for the crime of bodily injury and committed the crime of bodily injury and damage; and (b) the defendant committed assault against the defendant in prison after being confined in this case; (c) there is a need to strictly punish the defendant; and (d) there is a history of being sentenced to a fine twice due to violent crimes.