The judgment of the court below is reversed.

Defendant shall be punished by a fine of 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 lower court’s punishment (2 million won in penalty) is unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant

On July 26, 2017, the Defendant was sentenced to 10,000 won by imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Assaults, etc.) at the Seoul High Court on July 26, 2017, and the judgment becomes final and conclusive on September 14, 2017. The Defendant and the Defendant’s violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (traffic assault, etc.) which became final and conclusive in the judgment of the lower court against the Defendant are concurrently in a concurrent relationship with the lower court after Article 37 of the Criminal Act, and should be sentenced to punishment for the crime as prescribed in the judgment of the lower court,

In this regard, the prosecutor was sentenced to imprisonment with labor for ten months and a fine of five hundred thousand won on July 26, 2017 and the judgment on September 14, 2017 became final and conclusive on September 2017, when the Seoul High Court sentenced the Defendant to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (drivings, etc.).

In addition, “the latter part of Article 37 of the Criminal Act,” and “the latter part of Article 39(1) of the Criminal Act,” under the applicable law, the court applied for permission to amend the bill of amendment, and this court permitted this. Since the subject of adjudication was changed as above, the judgment of the court below was no longer maintained.

3. As such, 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.

[Judgment] The summary of the facts constituting an offense and evidence admitted by the court and the summary of the evidence are as follows. The first head of the judgment of the court below "criminal facts" is 10 months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (traffic assault, etc.) at the Seoul High Court on July 26, 2017 and 50 million won of fine.