The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal (2 million won of fine) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.

According to the evidence additionally submitted by the prosecutor at the trial court, the defendant may be found to have been sentenced to imprisonment for 8 months with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the port branch of the Daegu District Court on January 31, 2013, and on February 8, 2013, after being sentenced to probation, and the judgment became final and conclusive on February 8, 2013. As above, the crime of violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) and the crime of this case in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act, a sentence shall be determined after examining whether to reduce or exempt the punishment in consideration of equity

Therefore, the judgment of the court below is no longer maintained.

3. In conclusion, the above reasons for ex officio reversal are reversed pursuant to Article 364(2) and (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: (a) the first head of the judgment of the court below added "criminal facts" to the "criminal facts" as stated in the relevant column, except for adding "1. Investigation Report (Attachment of Judgment)" to the summary of the evidence to the "a summary of the evidence" as stated in the first head of the judgment of the court below, on January 31, 2013, the defendant added "two years of suspension of execution to eight months of imprisonment due to a violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.)" and the judgment became final and conclusive on February 8, 2013.

Application of Statutes

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

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

1. Article 334 (1) of the Criminal Procedure Act for the confinement of a workhouse;

1. The order of provisional payment;