The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the penalty (500,000 won of a fine) imposed by the court below is too unreasonable.

2. Reviewing the reasoning for appeal ex officio prior to the judgment, the record reveals that the Defendant was sentenced to two years of imprisonment by the Busan District Court on December 11, 2013 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Busan District Court 2013Da7451), and the judgment became final and conclusive on March 29, 2014. As such, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the thief) and the crime of assault in this case are related to concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment is determined after considering equity and consideration of mitigation or exemption of punishment pursuant to Article 39(1) of the Criminal Act. In this respect, the lower court becomes unable to maintain any further.

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 evidence and the criminal facts of the defendant recognized by this court are identical to the corresponding column of the judgment of the court below, except for adding "the defendant was sentenced to two years of imprisonment by the Busan District Court on December 11, 2013 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and its judgment became final and conclusive on March 29, 2014" to the first head of the crime column of the judgment of the court below. Thus, it is cited as it is in accordance with Article 3

Application of Statutes

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order in this case.