The judgment of the court below is reversed.

The defendant shall be exempted from punishment.

1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unreasonable.

2. According to ex officio records, the Defendant was sentenced to imprisonment with prison labor for a crime of causing bodily injury resulting from special confinement at the Changwon District Court on April 13, 2017, and the Defendant appealed against this, and the same year.

7. The decision of the first instance court at the Changwon of the Busan High Court was reversed and sentenced to one year and six months, and the subsequent year was the same.

9.15. The Supreme Court's decision to dismiss the defendant's appeal is recognized that the above judgment became final and conclusive.

Since the crime of the judgment of the court below against the defendant and the crime of bodily injury resulting from special confinement, etc., which became final and conclusive, are concurrent crimes with the latter part of Article 37 of the Criminal Act, in accordance with Article 39(1) of the Criminal Act, a punishment for the crime of the judgment of the court below shall be imposed at the same time in consideration of equity with the case where the judgment

3. As such, the judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is reversed, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts constituting a crime and evidence acknowledged by this court is as follows. The first part of the judgment below’s “criminal facts” was sentenced to imprisonment with prison labor for not less than one year and six months for the crime of bodily injury resulting from special confinement at the original adjudication division of the Busan High Court on July 19, 2017, and the above judgment became final and conclusive on September 15, 2017.

“A previous conviction in the judgment of the court below” and “a summary of evidence” are added to “a final conviction in the judgment of the court below” as stated in each corresponding column of the court below. As such, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 152 of the Traffic Act and Article 152 of the same Act and Articles 152 of the same Act and Article 43 of the same Act, selection of fines for criminal facts;

1. The latter part of Article 37 of the Criminal Act, provided that Article 39(1)1.