The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for four months.

except that from the date of this judgment.

1. The court below's scope of trial in this Court dismissed the defendant's prosecution of assault among the facts charged in this case, and convicted him of violation of the Road Traffic Act (unlicensed driving).

However, since the defendant appealed only the guilty portion of the judgment of the court below on the ground of unreasonable sentencing and the prosecutor did not appeal against the dismissal portion, the dismissal portion of the court below's judgment becomes final and conclusive, and only the remaining guilty portion is subject to this court'

2. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year of suspended sentence for four months of imprisonment) is too unreasonable.

3. Prior to the judgment on the grounds for appeal by the defendant ex officio, the defendant was sentenced to six months of imprisonment with prison labor for special larceny, etc. on December 23, 2015, and on June 24, 2016, which became final and conclusive on June 24, 2016. Since each crime of the judgment below against the defendant and the above special larceny, etc., for which the judgment of the court below became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, they should be sentenced to punishment for each crime of the judgment of the court below in consideration of equity in cases where it is to be judged simultaneously pursuant to the main sentence of Article 39(1) of the Criminal Act

4. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

【Reason used in multi-level] Criminal facts and summary of evidence recognized by this court are criminal facts and summary of evidence. The first head of the lower judgment’s criminal facts were sentenced to six months of imprisonment with prison labor for special larceny, etc. on December 23, 2015 and the above judgment was finalized on June 24, 2016. ‘B, the summary of evidence, as stated in the judgment, i.e., “1. criminal records: the end of the judgment.”