The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The sentencing of the lower court (six months of imprisonment) is too unreasonable.

2. Before the judgment on the grounds for appeal by the defendant ex officio, the defendant was sentenced to 10 months of imprisonment with prison labor on July 4, 2013 by the Busan District Court, etc., and the judgment becomes final and conclusive on December 26, 2013. On the defendant, the crime committed by the court below against the defendant is in a concurrent relationship between the above crime for which judgment became final and the latter part of Article 37 of the Criminal Act, and thus, a punishment shall be determined after considering the equity and at the same time under Article 39(1) of the Criminal Act, and examining whether to reduce or exempt the sentence. Thus, the judgment of the court below is no longer maintained in this respect.

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

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are as follows: "The defendant was sentenced to ten months of imprisonment with prison labor on July 4, 2013 and the judgment became final and conclusive on December 26, 2013" in the first criminal facts of the judgment of the court below; and the summary of the evidence is changed to "1........................, the defendant's court statement, criminal records, and the current status of identification and confinement by replacement" as stated in each corresponding column of the court below, and 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, the choice of criminal punishment, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The Defendant’s crime of this case in the reason of sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act dealing with the concurrent law is found to have been committed on the ground that the victim had repaid the credit value, and thus, the victim’s face and chest was found, and flab.