The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In light of various sentencing conditions, including the fact that there are circumstances that may be considered in the background of the Defendant (unfair sentencing)’s crime, and that there are counter-influences, the sentence of a fine of KRW 3 million imposed by the lower court against the Defendant is too unreasonable.

B. When considering the Defendant’s criminal history, etc., the lower court’s sentence against the Defendant is too uneasible and unreasonable.

2. In light of the language, legislative intent, etc. of the latter part of Article 37 of the Criminal Act and Article 39(1) of the same Act, where a crime not yet adjudicated could not be judged concurrently with a crime for which judgment became final and conclusive, the relationship of concurrent crimes after Article 37 of the Criminal Act cannot be established, and the sentence or punishment shall not be mitigated or exempted in consideration of equity with the case to be adjudicated simultaneously pursuant to Article 39(1) of the Criminal Act (see, e.g., Supreme Court Decision 2014Do469, Mar. 27, 2014). According to the evidence duly adopted and examined by the lower court, the Defendant was sentenced to one year and a fine not exceeding 60,000 won by assault, etc. at the Seoul Northern District Court on July 20, 2016; the said judgment became final and conclusive on October 4, 2016 (hereinafter referred to as “final judgment 1”); and the said judgment was final and conclusive on October 16, 2016.

Although the instant crime was committed on November 4, 2016, prior to the final and conclusive judgment became final and conclusive, the crime of the final and conclusive judgment No. 2 was committed prior to the final and conclusive judgment No. 1. As seen earlier, since the instant crime committed after the final and conclusive judgment No. 1 was committed before the final and conclusive judgment became final and conclusive, the crime of the instant case committed after the final and conclusive judgment No. 2 falls under the case where the crime of the final and conclusive judgment No. 2 cannot be judged at the same time from the beginning, and thus, the relationship of