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The judgment below
The part against the defendant shall be reversed.
As to the crime No. 2 of the judgment of the defendant, six months of imprisonment.
Reasons
1. The gist of the grounds for appeal is that the lower court’s punishment (one year of imprisonment with prison labor for crimes No. 1 and 3, and six months of imprisonment with prison labor for crimes No. 2 and No. 4 and 5 in its holding) is too unreasonable (the Defendant and the defense counsel explicitly withdrawn the misapprehension of legal principles on the second trial date). 2. We examine ex officio prior to the judgment on the grounds for appeal by the Defendant’s appeal.
A. According to the records, the defendant is acknowledged to have been sentenced to 10 months of imprisonment with prison labor on July 18, 2014, which was 2 crimes as stated in the judgment of the court below, ① six months of imprisonment with prison labor on July 18, 2014, and on July 26, 2014 (the part against the defendant; hereinafter "the above judgment") with prison labor on July 26, 2014 after being sentenced to 2 years of suspension of execution, ② The above judgment (the above judgment was 10 months of imprisonment with prison labor on December 11, 2015 and became final and conclusive on February 19, 2016 (hereinafter "2 judgment"), ③ the crime of assault and bodily injury committed by the Southern District Court on March 25, 2016 (the crime of assault and Injury Act No. 106, July 17, 2017; and the crime of joint penal punishment (the crime of assault and injury, etc.) committed on July 16, 20, 201.
B. 1) The term “a crime for which judgment to face with imprisonment without prison labor or heavier punishment has become final and the crime committed before such judgment has become final and conclusive” constitutes concurrent crimes prescribed in the latter part of Article 37 of the Criminal Act. In such cases, a crime among concurrent crimes under Article 39(1) of the Criminal Act and a crime for which judgment has not been rendered and a crime for which judgment has become final and conclusive under Article