The judgment of the court below is reversed.

Defendant shall be punished by a fine not exceeding 1.5 million won.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the penalty (1.5 million won of fine) imposed by the court below on the defendant is too unreasonable.

2. Before making a judgment on the grounds for appeal, the records of this case show that the Defendant, on October 1, 2014, sentenced 10 months to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. (the Busan District Court 2014No2298), and confirmed on October 9, 2014. As such, the crime of violation of the Act on the Control of Narcotics, etc. (fence) and the crime of injury of this case, which became final and conclusive, are related to concurrent crimes under the latter part of Article 37 (1) of the Criminal Act, and is determined after examining whether to reduce or exempt punishment. In this regard, the lower judgment was no longer upheld.

3. Therefore, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the following decision is made through oral argument.

Criminal facts

The summary of the defendant's criminal facts and the summary of the evidence admitted by this court is as follows: the first head of the judgment below's criminal facts is the same as the corresponding column of the judgment of the court below, except for adding "the defendant was sentenced to ten months for the violation of the Act on the Control of Narcotics, etc. at the Busan District Court on October 1, 2014 and the judgment became final and conclusive on October 9, 2014" to "the defendant was sentenced to ten months for the violation of the Act on the Control of Narcotics, etc., and thus,

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of punishment;

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

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

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 a provisional payment order shall be issued.