The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

1. The lower court’s sentence (six months of imprisonment and two years of suspended execution) is deemed to be too unhued and unfair.

2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the record of this case reveals that the Defendant was sentenced to imprisonment with prison labor for one year, two years of suspended execution, and 120 hours of community service, on January 28, 2016, with prison labor for a crime of violation of the Punishment of Violences, etc. Act (joint assault) in the Hongsung Branch of the Daejeon District Court on January 20, 2016.

The crime of this case and the crime of violation of the Punishment of Violences, etc. Act (joint assault) for which a judgment has become final and conclusive as above are concurrent crimes by the latter part of Article 37 of the Criminal Act, and the punishment shall be determined after considering equity and the mitigation or exemption of punishment pursuant to Article 39(1) of the Criminal Act.

In this respect, the judgment of the court below is no longer maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and evidence against the defendant recognized by this court is the first head of the judgment of the court below, and the judgment of January 28, 2016 became final and conclusive on the first head of the judgment of the court below on the following grounds: "The defendant was sentenced to imprisonment for one year, two years of suspended execution, and 120 hours of community service work in the Daejeon District Court's Red Branch Support for Punishment of Violences, etc. (joint assault).

“1. A previous conviction in the judgment: A of a reply to inquiry, such as criminal history, is the same as that set out in each corresponding column of the judgment of the court below, and all of them shall be cited in accordance with Article 369 of the Criminal Procedure Act, except for addition.

Application of Statutes

1. Relevant Article 314 of the Criminal Act, Articles 314(1) and 30 of the Criminal Act, and violence, etc. against the crime;