The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 800,000.

The above fine shall not be paid by the defendant.

On June 21, 2013, the defendant was sentenced to 8 months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) at the Seoul Southern District Court on August 31, 2013, and the judgment becomes final and conclusive on August 31, 2013. Since the crime of violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) and the crime of this case are in concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment of this case shall be determined after examining whether to reduce or exempt punishment in consideration of equity with the case where the judgment is rendered at the same time under Article 39(1) of the Criminal Act, the

Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are as follows: "The defendant was sentenced to eight months of imprisonment by the Seoul Southern District Court on June 21, 2013 due to a violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) and its judgment became final and conclusive on August 31, 2013." In addition to adding "1............. copy of each judgment" to the summary of the evidence, it is identical to the corresponding column of the judgment of the court below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment for Crimes;

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

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

1. The crime of this case for sentencing of Article 334(1) of the Criminal Procedure Act and the crime of violation of the Punishment of Violences, etc. Act, which has become final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the defendant's mistake.