The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

1. Summary of grounds for appeal;

A. In fact, the Defendant, among the cases No. 20154, did not commit each of the crimes in the judgment of the court below, except for the following: (a) the Defendant, among the cases No. 2016 Go-dan 1154; (b) the special assault among the cases No. 2016 Go-dan 1318; and (c) the Defendant, among the property damage, has broken the water pipe and glass, broken down the water pipe and glass, and was d

B. The sentence of the lower court’s unfair sentencing (two years of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

A. When a ruling of commencing a new trial becomes final and conclusive as to the final and conclusive judgment of conviction, the court declares a new trial after making a new trial on the relevant case, and such final and conclusive judgment becomes final and conclusive, the previous final and conclusive judgment shall naturally lose its effect (see Supreme Court Order 2004Mo453, Sept. 28, 2005, etc.). B. The records reveal the following facts.

① On July 16, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor due to a violation of the Punishment of Violences, etc. Act (damage to a group, deadly weapon, etc.) in the Gangnam Branch Branch of the Chuncheon District Court (hereinafter “the final judgment in this case”) and the judgment became final and conclusive, and completed the execution of the sentence on November 6, 2015 (hereinafter “final judgment in this case”). (2) The lower court deemed that the Defendant, who had been convicted by the final judgment in this case, committed the crime of bodily injury, etc. from August 4, 2016 to September 20, 2016, on the ground that the crime committed within three years after the execution of the sentence in this case was completed by the final judgment, and aggravated punishment was aggravated as a repeated crime under Article 35 of the Criminal Act.

③ Article 3(1) and Article 2(1)1 of the former Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014); Article 3(1)1 of the Criminal Act; Article 366 of the Criminal Act, which became void after the Constitutional Court rendered a decision of unconstitutionality among the judgment subject to review on February 27, 2017.