Of the judgment of the court of first instance, the part concerning each of the crimes of Articles 2 through 4 and the judgment of the court of first instance shall be reversed.

Defendant .

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. Fact misunderstanding (as to the crime No. 1 of the judgment of the court below (special assault) as stated in the judgment of the court below] The defendant did not assault the victim while carrying a knife and carrying a knife with the victim at the time.

B. From among the judgment below's unfair sentencing, each punishment of the remaining part (the crime No. 2 to No. 4 in the judgment of the first instance court: Imprisonment with prison labor for 6 months, fines for 4 million won: imprisonment with prison labor for 4 million won, and imprisonment with prison labor for 1 year and 6 months) except for the crime No. 1 in the judgment of the first instance among the judgment below's unfair sentencing is too unreasonable.

2. Determination

A. We examine ex officio the judgment (as to the crimes of Nos. 2 through 4 of the judgment of the court of first instance and the judgment of the court of third instance as to the grounds for appeal on this part of the judgment of the court of first instance)

The court held that each appeal case against the judgment of the court below was consolidated and tried, and that each of the offenses of Articles 2 through 4 and the offense of resolution of the judgment of the court of first instance against the defendant in Article 37 of the Criminal Act is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, a single sentence shall be punished within the scope of punishment aggravated for concurrent crimes in accordance with Article 38(1) of the Criminal Act. Therefore, the part concerning each offense of Articles 2 through 4 of the judgment of the court of first instance and the judgment of the court of first instance cannot be maintained.

According to the records of this case, the Defendant was sentenced to one year of imprisonment for a violation of the Narcotics Control Act in the Incheon District Court’s Vice Branch on July 17, 2014, and the said judgment became final and conclusive on November 14, 2014, and completed the execution of the sentence in the Incheon Detention House on May 28, 2015.

Therefore, each crime of subparagraphs 2 through 4 of the first instance judgment constitutes a repeated crime committed within three years after the execution of the above punishment was completed. The first instance court should have aggravated aggravated punishment for each crime of Articles 2 through 4 of the Criminal Act, which the Defendant committed during the period of repeated crime, in accordance with Article 35 of the Criminal Act. However, since the Defendant committed an omission of the aggravated punishment, the part of each crime of Articles 2 through 4 of the first instance judgment is added.