The judgment of the court below is reversed.

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

except that the ruling shall be made for one year from the date of the final judgment.

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

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

According to the records, the defendant was sentenced to imprisonment with prison labor on June 12, 2019 with one year and six months for the crime of injury, etc. in the Seo-gu District Court Branch Branch, and the judgment was finalized on July 23, 2019. The crime of this case against the defendant is in the relation of concurrent crimes under the latter part of Article 37 of the Criminal Act with the above crime of injury for which the judgment became final and conclusive, and in accordance with the first sentence of Article 39(1) of the Criminal Act, a sentence should be imposed in consideration of equity with the case where the judgment is rendered at the same time. However, the judgment of the court below did not take into account this.

3. In conclusion, 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 decided as follows through pleading.

[Dao-written judgment] Except for adding "the defendant was sentenced to imprisonment with prison labor for an injury, etc. on June 12, 2019 and the judgment became final and conclusive on July 23, 2019" to the facts constituting an offense and the summary of the evidence acknowledged by the court below to be the highest part of the facts constituting an offense, and the summary of the evidence, as stated in each corresponding column of the court below, it shall be cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the sentencing factors in the previous sentence);

1. Although the defendant had a number of records of punishment for the same crime, he/she again committed the crime of this case even though he/she had been punished for the same crime, the defendant is liable to commit the crime of this case.