The judgment of the court below is reversed.

The sentence against the accused shall be 2,00,000 won.

The above fine shall be imposed on the defendant.

Summary of Grounds for Appeal

The sentence of the lower court (exemption from punishment) is too unhued and unreasonable.

According to the records of ex officio determination, the defendant may be sentenced to imprisonment with labor for one year and six months and fine for 300,000 won for a crime of violation of the Punishment of Violences, etc. Act (a crime committed before the judgment becomes final and conclusive on January 16, 2014 due to a crime of violation of the Road Traffic Act, etc. (a crime committed without a license)) in the branch court of the Gwangju District Court on October 2, 2014, and recognize the fact that the judgment became final and conclusive on January 16, 2015. The crime of this case is not only a crime of violation of the Road Traffic Act (unlicensed Operation) for which the judgment became final and conclusive on January 16, 2014, but also a crime of violation of the Punishment of Violences, etc. Act (joint conflict) in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act, and thus, the judgment of the court below may no longer determine any further concurrent crimes.

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, and the judgment below is again decided as follows after oral argument.

Criminal facts

The summary of the facts constituting an offense and the summary of the evidence acknowledged by this court is added to the criminal records [the criminal records prior to concurrent crimes under the latter part of Article 37 of the Criminal Act] column of the facts constituting an offense [the defendant was sentenced to imprisonment on October 2, 2014 with prison labor and 1 year and 6 months and fines of 300,000 won for a violation of the Punishment of Violences, etc. Act (joint attack) in the application of the Gwangju District Court Branch of the Gwangju District Court on January 2, 2014, and the above judgment became final and conclusive on January 16, 2015]. The summary of the evidence is '1. The criminal records prior to the judgment on January 2: the defendant's first instance judgment and the corresponding column of the Criminal Procedure Act except as the defendant's statement at the court below and the trial court, criminal records inquiry statement (A), and final and conclusive judgment