The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 14 million.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.

2. Examining the record of this case’s ex officio determination, the Defendant was sentenced to imprisonment with labor for a period of one year and eight months and a fine of five hundred thousand won at the Incheon District Court on August 28, 2014 due to a violation of the Punishment of Violences, etc. Act (a collective deadly weapons, etc.), and such judgment became final and conclusive on January 8, 2015.

Since the crime of violation of the Punishment of Violences, etc. Act and the crime of this case, which became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act with regard to concurrent crimes under Article 39(1) of the Criminal Act, the punishment shall be determined in consideration of equity with the case where a concurrent judgment is to be rendered pursuant to Article 39(1)

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, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are as shown in each corresponding column of the judgment below, except for adding "the defendant was sentenced to one year and eight months of imprisonment and a fine of 500,000 won in the Incheon District Court on August 28, 2014 due to a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.), and such judgment became final and conclusive on January 8, 2015" to "the facts charged by this court and the summary of the evidence as stated in each corresponding column of the judgment below." Thus, it is cited as it is in accordance with

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, Articles 314 (1), 311 and 141 (1) of the Criminal Act, the selection of fines for negligence;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.