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 of the fine of KRW 3,000,000 sentenced by the lower court is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal of ex officio. According to the records of this case, the defendant was sentenced to imprisonment with prison labor for 1 year and 6 months, 3 years of suspended execution, and community service for 120 hours on April 14, 2007 due to a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) on April 6, 2007. The above judgment became final and conclusive on April 14, 2007. On January 17, 2008, the Daejeon District Court sentenced to imprisonment with prison labor for 10 months for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc. (a collective injury, a deadly weapon, etc.) and the crime of fraud, which became final and conclusive on April 5, 2008. As such, the judgment of the court below is related to concurrent crimes under the latter part of Article 37 of the Criminal Act, and it cannot be considered whether to be mitigated or exempted from punishment.

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, on the grounds of ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of the crime and the evidence against the defendant recognized by this court is the first head of the crime, and "the defendant is a person who was sentenced by this court on April 6, 2007 to imprisonment with prison labor for one year and six months, suspension of execution for three years, and community service for 120 hours, and the above judgment on April 14, 207 is finalized on January 17, 2008, and is sentenced to imprisonment with prison labor for ten months for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) in Red Support by the Daejeon District Court on January 17, 2008, and the above judgment on April 5, 2008 is finalized."