The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and two months.

1. The sentence imposed by the court below is too heavy.

2. According to the records of this case, upon ex officio determination, the Defendant was sentenced to six months of imprisonment with labor for a violation of the Punishment of Violences, etc. Act (joint injury) at the Jung-gu District Court on May 15, 2017, and the above judgment becomes final and conclusive on August 11, 2017. The criminal facts of this case were in the concurrent relation between the crime of violation of the Punishment of Violences, etc. Act (joint injury) for which punishment becomes final and conclusive as above and the crime of violation of the latter part of Article 37 of the Criminal Act. As such, inasmuch as the criminal facts of this case were in the concurrent relation between the crime of this case and the crime of this case under Article 39(1) of the Criminal Act, a punishment for the crime of this case shall be determined by considering

3. Therefore, 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 of sentencing, and the judgment below is reversed, and the following is again decided after pleading.

【Grounds for another judgment】 The facts constituting a crime and summary of evidence recognized by the court and the summary of the evidence were first withdrawn from the part of the crime. “The Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) at the Jung-gu District Court on May 15, 2017, and the said judgment became final and conclusive August 11, 2017.

“1. A previous conviction in the judgment of the court below” is the same as the corresponding column of the judgment of the court below, except for the addition of “1. Adjudgment and case search” in the main part of the evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 350(1) of the Criminal Act (the point of conflict), Article 355(1) of the Criminal Act (the point of embezzlement) and the choice of imprisonment for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are as follows.