Of the judgment of the court of first instance, the guilty portion and the judgment of the court of second instance shall be reversed.

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

1. Summary of grounds for appeal;

A. The punishment of Defendant 2’s decision on the original adjudication (6 months of imprisonment) is too unreasonable.

(b) The form of the first judgment (five million won in penalty) of the Prosecutor’s 1 is too unhued and unreasonable.

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

Of the judgment of the court of first instance that the prosecutor appealed, the guilty portion of the judgment of the court of first instance and each case of the judgment of the court of second instance that the defendant appealed was combined in the trial of the court of first instance, and the offense of the decision of the court of first instance and the decision of the court of second appeal against the defendant were concurrent crimes under the former part of Article 37 of

In this case, in accordance with Article 38 of the Criminal Code, one punishment should be sentenced simultaneously, so the guilty part of the judgment of the court of first instance and the judgment of the court of second instance cannot be maintained any more.

3. As such, the part of the judgment of the court below of first instance and the part of the judgment of the court below of second instance are reversed ex officio. Thus, the judgment of the court below as to the defendant and the prosecutor's unjustifiable assertion of sentencing is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the judgment of the court below as to the conviction and the second judgment of the court below are reversed,

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by this court is as follows: “The Defendant was sentenced to imprisonment for a violation of the Punishment of Violences, etc. Act (Habitual Violence) at the Daejeon District Court on November 28, 2014 and completed the execution of the sentence at the Cheongju Prison on May 7, 2016.

“A summary of evidence” is added to “1. Before the ruling: A reply to inquiries, such as criminal history, and investigation reports (related to the confirmation of Defendant’s repeated crime period)” to the end of the word “a summary of evidence” as stated in each corresponding column of the judgment 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. Relevant Articles of the Act and punishment concerning the facts constituting the crime;