The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the records show that the defendant was sentenced to a suspended sentence of two years on June 22, 2012 due to a violation of the Punishment of Violences, etc. Act (joint conflict) at the Seoul Northern District Court on the grounds that he/she was sentenced to a suspended sentence of one year and six months on January 16, 2013. Thus, the judgment of the court below in relation to a concurrent crime under the latter part of Article 37 of the Criminal Act with the above crime of violation of the Punishment of Violences, etc. Act (joint conflict) for which the judgment of the court below became final and conclusive, and the judgment of the court below which failed to take such measures can no longer be maintained in light of equity and cases where the judgment of the court below is to be rendered simultaneously and equity under Article 39(1)

3. Accordingly, 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 judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as stated in each corresponding column of the judgment below, except for adding "the defendant is sentenced to two years of suspension of execution on June 22, 2012 due to the violation of the Punishment of Violences, etc. Act (joint conflict) at the Seoul Northern District Court on June 22, 2012, and on January 16, 2013, to "the person for whom the above judgment became final and conclusive on January 16, 2013" to the first head of the facts charged as stated in the judgment of the court below. Thus,

Application of Statutes

1. Article 347 (1) and Article 30 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the order of provisional payment.