All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for three years.

1. The following facts are acknowledged according to the progress records of the case.

A. On October 16, 2013, the Defendant was sentenced to two years of imprisonment for the crime of injury, etc. in Busan District Court 2012 High Order 10379, and on March 12, 2014, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Punishment of Violences, etc. Act (damage to a group, deadly weapon, etc.) in the Busan District Court 2013 High Order 6961.

On the other hand, the defendant appealed each on the grounds that sentencing was unfair, and the appellate court (Seoul District Court Decision 2013No. 2013No. 3506, 2014No. 1024) decided to consolidate the two cases, reversed all the judgment of the court below and sentenced the defendant to three years of imprisonment on August 21, 2014, and the defendant was just. However, the final judgment of the Supreme Court became final and conclusive on October 27, 2014 by the final judgment of the Supreme Court.

B. On September 24, 2015, the Constitutional Court rendered a decision of unconstitutionality as to Article 3(1) of the former Punishment of Violences, etc. Act (Amended by Act No. 7891, Mar. 24, 2006; Act No. 12896, Dec. 30, 2014; Act No. 12896, Dec. 30, 2014; Act No. 2601, Sept. 1, 2015; Act No. 13544, Sept. 24, 2015; Act No. 3666, Apr. 1, 2015; Act No. 13554, Mar. 24, 2006; Act No. 3666.

(c)

On December 16, 2015, the Defendant filed a motion for the instant retrial on the grounds that the said decision of unconstitutionality was rendered on December 16, 2015. On January 5, 2016, this Court rendered a decision to initiate a retrial on the original judgment, and the said decision to commence a retrial became final and conclusive as is

2. The summary of the grounds for appeal that each sentence imposed by the court below (No. 1: imprisonment with prison labor for 2 years, and imprisonment with prison labor for 1 year and 6 months) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant for an ex officio judgment.

1) The consolidated trial court decided to hold concurrent hearings of each appeal case against the judgment of the court of first instance and the judgment of the court of second instance, and each of the offenses against the defendant in the judgment of the court of second instance are committed.