The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds of appeal is excessively unreasonable.

2. Before judgment on the grounds for appeal ex officio, the Defendant was sentenced to imprisonment with prison labor for one year and three months at the Daejeon District Court on September 9, 2016 for a violation of the Punishment of Violences, etc. Act (joint assault) (Seoul District Court 2015 high group 3479), and the Defendant appealed and sentenced the Defendant to imprisonment with prison labor for one year on January 12, 2017 (Seoul District Court 2016No. 2657). While the Defendant was above, the Defendant was dismissed on March 10, 2017 and the judgment of the said appellate court became final and conclusive as it became final and conclusive (Supreme Court 2017Do1711). Since the crime of violation of the Punishment of Violences, etc. Act (joint assault) established as stated above was related to the crime of this case and the crime of violation of Article 37 of the Criminal Act, the lower court’s judgment is no longer consistent with Article 39(1) of the Criminal Act and the lower court’s judgment is no longer consistent with this Opinion.

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

【Inasmuch as the facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. The reason for sentencing of Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Aggravation of concurrent crimes with punishment stipulated in the crime of fraud against I with the largest number of concurrent crimes) of the Act on the Aggravated Punishment of Concurrent Crimes is 1.