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

The above fine shall not be paid by the defendant.

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

On May 27, 2020, the defendant was sentenced to 10 months of imprisonment with prison labor for special injury in the Daegu District Court 2020 High Order 597 Decided 27, 2020, and the above judgment became final and conclusive on November 26, 2020 is significant in this court.

The crime of this case was committed before the above judgment becomes final and conclusive, and the crime of this case, which became final and conclusive, is in the concurrent relationship between the crime of injury to the special existence and the crime of this case after Article 37 of the Criminal Act, and after examining whether to reduce or exempt the punishment in consideration of equity with the case where the judgment is simultaneously rendered pursuant to Article 39(1) of the Criminal Act.

Therefore, the judgment of the court below is no longer maintained.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

[Re-written judgment] The summary of criminal facts and evidence admitted by this court is as follows: “The defendant was sentenced to ten months of imprisonment with prison labor for special injury in the support of the Daegu District Court Kimcheon on May 27, 2020, and the above judgment became final and conclusive on November 26, 2020.” The summary of the evidence is as stated in the corresponding column of the judgment of the court below, except for adding “1. previous conviction in the judgment: significant fact in this court” to the end of the last part of the evidence, and as stated in the corresponding column of the Criminal Procedure Act, the summary of the evidence is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act concerning the facts constituting an offense, Article 329 of the Criminal Act concerning the selection of punishment (abstinence of a structure), Article 319 of the Criminal Act (abstinence of a structure), Article 360 (1) of the Criminal Act (abstinence of possession) and Article 360 of the Criminal Act, respectively.