The judgment of the court below is reversed.

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

1. The summary of the reasons for appeal (two months of imprisonment) by the lower court is too unreasonable.

2. Before determining the grounds for appeal by the Defendant’s ex officio, the record reveals that the Defendant was sentenced to six months of imprisonment with prison labor for an injury at the Busan District Court’s Dong Branch Branch on April 24, 2014 and the judgment became final and conclusive on November 7, 2014. Since the instant crime was committed before the judgment becomes final and conclusive, the instant crime was committed in a concurrent relationship with the above crime for which judgment became final and conclusive under Article 39(1) of the Criminal Act and the latter part of Article 37 of the Criminal Act, a sentence should be determined after considering equity with the case where judgment is concurrently rendered under Article 39(1) of the Criminal Act

In this respect, the judgment of the court below is no longer maintained.

3. 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 assertion of unfair sentencing, on the ground that the above grounds for reversal ex officio, and the judgment below is again decided as follows.

Criminal facts

Except for adding "the defendant was sentenced to six months of imprisonment with prison labor for an injury in the Busan District Court's Dong Branch, on April 24, 2014, and the judgment became final and conclusive on November 7, 2014," all of the judgment below are the same as the corresponding column of the Criminal Procedure Act, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Code aggravated concurrent crimes appears to have led to the confession of the crime of this case and to repent of his mistake, the motive or circumstance in which the case occurred may be considered, and the crime of injury for which the judgment became final and conclusive.