Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

A. The sentence of the lower court (an amount of KRW 3 million) is too unreasonable.

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

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

According to records, on February 12, 2016, the defendant was sentenced to six months of imprisonment with prison labor for special injury, etc. in the support of the Suwon Flag, Suwon Flag, and the judgment is the same year.

6. Recognizing the facts established on 15.15. As such, the crime of special injury and the crime of this case, which became final and conclusive, are concurrent crimes by the latter part of Article 37 of the Criminal Act, and thus, a punishment shall be determined after considering equity and equality in cases where a concurrent judgment is rendered pursuant to Article 39(1) of the Criminal Act, and examining whether to reduce or exempt punishment. In this regard, the judgment of the court below cannot be reversed.

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

Criminal facts

The summary of the facts constituting a crime and the evidence acknowledged by the court, and the summary of the evidence, are as follows: “Defendant” in the first head of the crime of the judgment of the court below, who was sentenced to six months of imprisonment with prison labor for a special injury in the assistance of the Suwon Friwon, on February 12, 2016.”

6.15. A final and conclusive person shall add “1. Before its ruling” to the summary of the evidence, and a summary of the evidence shall be cited in accordance with Article 369 of the Criminal Procedure Act, except for addition of “1. Before its ruling: the screen of the instant search and each written ruling” to the corresponding column of the judgment of the court below.

Application of Statutes

1. Article 257 (1) of the Criminal Act and Article 257 of the same Act concerning the crime, the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act.