The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

The gist of the grounds for appeal by the defendant is that the punishment for four months sentenced by the court below is too unreasonable in light of the circumstances such as the fact that the crime of this case is a concurrent crime by the latter part of Article 37 of the Criminal Code, the victim does not want the punishment against the defendant, and the defendant is against the law.

According to the judgment on the grounds for appeal by the defendant ex officio prior to the judgment on the grounds for appeal by the defendant, the defendant was sentenced to imprisonment with prison labor for 8 months at the Seoul Central District Court on June 26, 2015 and the above judgment became final and conclusive on July 4, 2015. As such, the crime of the judgment of the court below and the above injury crime of the defendant, which became final and conclusive on July 4, 2015, are concurrent crimes by a group after Article 37 of the Criminal Act, and shall be sentenced to punishment for the crime of the judgment of the court below in consideration of equity with the case where the judgment is to be rendered at the same time in accordance with Article 39 (1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained

Therefore, the judgment of the court below is reversed in accordance with Articles 364 (2) and 364 (6) of the Criminal Procedure Act on the grounds of ex officio reversal, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and evidence against the defendant is as follows: "The defendant was sentenced to two years of suspended sentence on June 26, 2015 to imprisonment with prison labor for injury, etc. at the Seoul Central District Court on August 26, 2015 and the above judgment became final and conclusive on July 4, 2015" in the first head of the judgment of the court below; and the summary of the evidence is as stated in each corresponding column of the judgment of the court below, except for adding "the statement, case search, and judgment at the court of the trial of the defendant" to "the statement, case search, and the sentence" in the summary of the evidence. As such, it is cited

Application of Statutes

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

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

1. Suspension of execution;