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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
Reasons
1. The summary of the grounds for appeal is too unreasonable in light of the fact that the accused recognizes the crime and reflects the crime, and the family relationship, etc. of the judgment of the court below.
2. According to the records of ex officio determination, the Defendant, at the Seoul Southern District Court on January 16, 2020, was sentenced to one year of suspended sentence for four months, for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Driver Violence, etc.) and the judgment became final and conclusive on September 2, 2020.
Although the court below's decision against the defendant is a concurrent crime under Article 37 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime of Violence against Drivers, etc.) and the latter part of Article 39 (1) of the Criminal Act which became final and conclusive on September 2, 2020, a punishment for the crime against the defendant shall be imposed in consideration of equity with the case where the judgment is rendered at the same time pursuant to Article 39 (1) of the Criminal Act, the court below's decision is erroneous in the misapprehension of law as to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime of Violence against Drivers, etc.) of which judgment was made on September 2,
3. 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 reversed and it is again decided as follows.
[Reasons for the judgment in 201] A summary of the facts charged and evidence admitted by the court in this Court is added to the first copy of the facts charged in the judgment of the court below. "The defendant was sentenced to a suspended sentence of four months in the Seoul Southern District Court on January 16, 2020 for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime Assault, etc.)" and the above judgment became final and conclusive on September 2, 2020."