The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 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 (an amount of KRW 500,000) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the record reveals that the Defendant was sentenced to a suspended sentence of two years for six months as a crime of assault in the Busan District Court’s Branch Branch Branch on February 4, 2015, and that the judgment became final and conclusive on June 27, 2015.

However, since the crime of this case against the defendant and the crime of this case, which became final and conclusive, are concurrent crimes by the latter part of Article 37 of the Criminal Act, the punishment shall be determined by taking into account the equity between the cases where the judgment is to be rendered at the same time pursuant to Article 39

Therefore, the judgment of the court below can no longer be maintained.

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the following is again decided after pleading, without examining the defendant's improper assertion of sentencing, on the grounds that the above judgment of the court below was reversed ex officio.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the first head of the crime. "The defendant was sentenced to two years of suspended sentence for six months of imprisonment with prison labor for assault in the Incheon District Court's Busan Branch on February 4, 2015, and such judgment became final and conclusive on June 27, 2015.

“The part of the judgment below is the same as the corresponding column of the judgment below, except for the addition of “1. The search output and the text of the judgment (2014 High Court 2014 High Court 2014 High Court 3086)” to the part of the evidence in the space of the evidence. As such, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Act on the Punishment of Minor Offenses, and Article 3 (3) 1 of the Punishment of Minor Offenses Act, and Selection of fines for the crimes;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is the confession of the instant crime, and the instant crime and the said final judgment are the concurrent crimes of the latter part after Article 37 of the Criminal Act.