A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall apply 45 million won to the applicant for a compensation order.

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Before the judgment on the grounds for appeal ex officio, the record reveals that the defendant was sentenced to imprisonment with prison labor for one year and six months and three years of suspension of execution for a violation of the Punishment of Violences, etc. Act (organization and activities of organizations, etc.) at the Gwangju District Court on November 6, 2013, and the judgment became final and conclusive on May 24, 2014; and on October 23, 2014 at the Gwangju High Court, he/she was sentenced to one year and six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) and the judgment becomes final and conclusive on January 15, 2015.

With the confirmation of the above decisions, the crime of fraud in this case and the violation of the Punishment of Violences, etc. Act (the composition and activity of an organization, etc.) and the violation of the Punishment of Violences, etc. Act (the injury by a group, deadly weapon, etc.) are concurrent crimes under the latter part of

Since the date and time of the crime in violation of the Punishment of Violences, etc. Act (the composition and activity of an organization, etc.) is prior to the final date of the judgment of the crime in violation of the Punishment of Violences, etc. Act (the composition and activity of an organization, etc.), the crime in this case and each of the crimes for which the said judgment has become final

Nevertheless, the judgment of the court below which omitted the application of the latter part of Article 37 and the main sentence of Article 39 (1) of the Criminal Act with respect to the crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) cannot

3. The judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant and the prosecutor's assertion of unfair sentencing, on the grounds of ex officio reversal as seen above, and it is again decided as follows.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are the facts charged and the summary of the evidence in the second page of the judgment of the court below, and the defendant in the Gwangju High Court on October 23, 2014.