The judgment of the court below is reversed.

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

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

When a sentence is pronounced, the facts constituting an offense, summary of evidence and the application of Acts and subordinate statutes shall be clearly stated in the reasons for the judgment.

(Article 323(1) of the Criminal Procedure Act. According to the records, the defendant was sentenced to two years of imprisonment on February 13, 2020 by Busan District Court for a violation of the Punishment of Violences, etc. Act (joint conflict), and the judgment on May 8, 2020 becomes final and conclusive.

However, the crime of this case is committed before the above judgment becomes final and conclusive, and the relation of concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime for which judgment becomes final and conclusive and the latter part of Article 39(1) of the Criminal Act should be taken into account the equity

Since the court below omitted the evidence of the above criminal records in the summary of the evidence, and omitted the treatment of concurrent crimes in the application of the law, the judgment of the court below cannot be maintained any more in this respect.

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 again ruled as follows after hearing.

[C] The criminal facts against the defendant recognized by the court and the summary of the evidence of the criminal facts and the summary of the evidence are as follows: (a) the defendant was sentenced to two years in imprisonment on February 13, 2020 to a violation of the Punishment of Violences, etc. Act (joint conflict) at the Busan District Court on February 13, 2020; and (b) on May 8, 2020, the judgment became final and conclusive on May 8, 2020; (c)

1. The defendant's oral statement in court;

1. Each corresponding column of the original judgment, except for the addition of "written inquiry about criminal records, etc.";