The judgment of the court below is reversed.

As to the crime No. 2 and No. 3 of the judgment, the defendant shall be punished by imprisonment with prison labor for six months.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court’s sentencing is unreasonable.

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

According to the records, the Defendant was sentenced to one year of suspension of execution on November 23, 2017 in the Daejeon District Court Branch of the Daejeon District Court sentenced to one year of imprisonment with prison labor for the purpose of assault and assault, and the judgment becomes final and conclusive on December 1, 2017. ② On June 21, 2018, the Defendant was sentenced to two years of suspension of execution (hereinafter “the first criminal conviction”) and three million won of fine for the crime of assault and insult (hereinafter “the second criminal conviction”), and the judgment became final and conclusive on June 29, 2018.

The offense of insult among the crimes of the first offense is an offense on August 21, 2017, and the offense of violation of the Road Traffic Act (Refusal of measurement) is an offense on November 20, 2017, and the offense of the second offense is an offense on December 19, 2017. The offense of the first offense in the judgment of the court below is committed before the judgment of the first and second offense becomes final and conclusive, and the offense of the second and third in the judgment of the court below is committed after the final judgment of the court below, and the offense of the first offense is committed before the judgment of the court below becomes final and conclusive, and it constitutes a crime of the first offense in the judgment of the court below and the first offense in the judgment of the court below which were committed before the judgment of the court below becomes final and conclusive, and it constitutes a case where the first offense in the second offense and the first offense in the judgment of the court below cannot be established as concurrent crimes of the latter part of Article

However, insofar as there exists a judgment of the first and second criminal records between the date of the crime of the first and the second and third crimes as stated in the judgment of the court below, the crimes of the first and the second and third crimes as stated in the judgment of the court below shall not be deemed to be concurrent crimes under the former part of Article 37 of

Nevertheless, the judgment of the court below has applied Article 38 (1) 2 of the Criminal Act to the defendant under the premise that all of the crimes in the judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, and the judgment of the court below cannot be maintained

3. The judgment of the court below is correct.