Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

2. Ex officio determination of the Defendant was sentenced to four months of imprisonment with prison labor for the crime of assault at the Daegu District Court on November 29, 2018, and the above judgment became final and conclusive on May 16, 2019. As such, the crime committed against the Defendant is in the concurrent relationship between the crime of assault for which judgment became final and the latter part of Article 37 of the Criminal Act, and thus, in accordance with Article 39(1) of the Criminal Act, a sentence should be imposed in consideration of equity with the case where a judgment is to be rendered at the same time

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

[Along with the reasoning of the judgment of the court below, the summary of the facts constituting an offense and the evidence admitted by the court below is as follows: "The defendant was sentenced to four months of imprisonment with prison labor for an assault at the Daegu District Court on November 29, 2018 and confirmed on May 16, 2019" in the first head of the judgment of the court below; and the above judgment was finalized on May 16, 2019. The summary of the evidence in the judgment of the court below is the same as the corresponding column of the judgment of the court below, except for adding "1. A previous conviction in the judgment of the court: a significant fact in this court" to the summary

Application of Statutes

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that the degree of exercise of the tangible force of sentencing under Article 334(1) of the Provisional Payment Order is not much serious, and the crime of violence for which judgment has become final and the crime of concurrent crimes under the latter part of Article 37 of the Criminal Act must be considered at the same time when the judgment has been received.