Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

A. In light of the overall sentencing conditions of the Defendant, the sentence of the lower court (4 months of imprisonment) is too unreasonable.

B. In light of all the sentencing conditions of the prosecutor, the sentence of the lower court is too unfasible and unfair.

2. Before determining the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the Defendant was sentenced to imprisonment with prison labor for an injury in the Jeonju District Court’s Gunsan Branch on July 11, 2013, and the judgment became final and conclusive on October 4, 2013. As such, the crime of injury and the crime of fraud of this case, for which judgment became final and conclusive, are in a concurrent relationship under the latter part of Article 37 of the Criminal Act, and are determined by the punishment after considering equity in cases where a judgment is concurrently rendered in accordance with Article 39(1) of the Criminal Act, and examining whether to reduce or exempt the punishment. Therefore, the lower judgment that did not

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for ex officio reversal, and the judgment below is again decided as follows, after hearing.

Criminal facts

The summary of the facts constituting an offense and evidence acknowledged by this court is to be changed to "the defendant was sentenced to eight months of imprisonment due to an injury at the Gunsan Branch of the Jeonju District Court on July 11, 2013, and the judgment became final and conclusive on October 4, 2013," and "the current status of criminal records, personal identification and confinement" in the summary of evidence to "1.: criminal records, personal identification and confinement status before the judgment: criminal records, in the trial of the defendant, in the trial of the defendant, and in the judgment of the court (the Jeonju District Court Decision 2013No492, Jul. 11, 2013)," and except for the change to "the current status of criminal records, personal identification and confinement" to "the criminal records, in the judgment of the court of first instance, in the trial of the defendant, in the judgment of the court below, it is identical to each corresponding column of the Criminal Procedure

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.