The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (2 million won in penalty) is too unreasonable.

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

According to the records of this case, the Defendant was sentenced to eight months of imprisonment for a violation of the Punishment of Violences, etc. Act (joint injury) at the Gwangju District Court on October 27, 2016 and the judgment became final and conclusive on December 23, 2016. As such, each of the crimes as stated in the judgment of the court below against the Defendant and the above violation of the Punishment of Violences, etc. Act (joint injury) which became final and conclusive on December 23, 2016 are concurrent crimes of the latter part of Article 37 of the Criminal Act, and the sentence is determined in consideration of equity in cases where the judgment is to be rendered at the same time in accordance with the first sentence of Article 39(1) of the Criminal Act. Thus,

3. In conclusion, the judgment of the court below is reversed pursuant to 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 after pleading.

Criminal facts

The summary of the facts constituting a crime recognized by this court and the summary of the evidence thereof are as stated in each corresponding column of the judgment below, except for adding "the defendant was sentenced to eight months of imprisonment by the Gwangju District Court on October 27, 2016 due to a violation of the Punishment of Violences, etc. Act (joint injury) at the Gwangju District Court on the first place of the facts constituting a crime on the first page of the judgment of the court below, and the above judgment became final and conclusive on December 23, 2016" as stated in each corresponding column of the judgment of the court below. Accordingly, it is acceptable in accordance with Article 369 of

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury), Article 260 (1) of the Criminal Act (the point of violence), and the selection of each fine for the crime;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.