The defendant's appeal is dismissed.

1. The sentencing of the lower court (one million won of a fine) is too unlimited and unfair.

2. The Defendant was sentenced to six months of imprisonment with labor for an injury on May 17, 2018, and the said judgment became final and conclusive on September 18, 2018.

Since the crime of injury and the crime of this case for which judgment has become final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, there is a need to consider equity with the case of

However, the above injury crime, which became final and conclusive, was inflicted upon another prisoner in prison, and the defendant committed the crime of assaulting another prisoner in prison, since four months have not passed since the above decision was sentenced.

In addition, the sentencing of the lower court is not unfair in full view of various circumstances, including the Defendant’s age, character and conduct, family relationship, motive and background of the offense, means and consequence, and circumstances after the offense.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

[However, in accordance with Article 25(1) of the Rules on Criminal Procedure, the first head of the criminal charge column of the judgment of the court below is added to the first head of the judgment of the court below, “the defendant was sentenced on May 17, 2018 to six months of imprisonment with prison labor for the crime of injury in the sex support of the Daegu District Court, which became final and conclusive September 18, 2018,” and “1. Concurrent treatment: the latter part of Article 37 of the Criminal Act and the first part of Article 39(1) of the Criminal Act” in the application of the law of the court below.