The judgment of the court below is reversed.

Defendant shall be punished by a fine of four million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (4 million won of a fine) is too unhued and unfair.

2. According to the records of ex officio judgment, the defendant was sentenced to imprisonment with prison labor for one year and six months at the Busan District Court on July 22, 2016 and the above judgment became final and conclusive on July 30, 2016. The crime of injury and the above injury, etc. against the defendant, for which the judgment of the court below and the judgment of the court below became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and should be sentenced to punishment against the defendant in consideration of equity with the case at the same time when they are judged in accordance with the former part of Article 39(1) of the Criminal Act. Therefore,

3. If so, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining the prosecutor's assertion of unfair sentencing, on the grounds of ex officio reversal as seen above.

Criminal facts

The summary of the criminal facts and evidence of the defendant recognized by this court is as stated in the first copy of the judgment of the court below, with the exception that "the defendant was sentenced to one and a half years of imprisonment with prison labor on July 22, 2016 for the crime of injury, etc. at the Busan District Court and the above judgment became final and conclusive on July 30, 2016" was added to the first copy of the judgment of the court below, and "the summary of evidence" in the second part "a summary of the evidence" was the same as the corresponding column of the judgment of the court below, except that "the criminal records of the court: the result of the Konet case (2016 High Court Decision 2016Da2905, 3176 (combined) of the Busan District Court Decision 2016Da369)" is added.

Application of Statutes

1. Articles 264 and 260 (1) of the Criminal Act and the selection of fines, inclusive, with respect to the relevant criminal facts and the choice of punishment;

1. The latter part of Articles 37 and 39 (1) of the Criminal Act (the former part of Article 39 (1) of the Criminal Act and the former part of Article 39 (1) of the same

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