The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

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 (5 million won of a fine) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the records show that the defendant was sentenced to imprisonment with prison labor for one year and ten months for a violation of the Punishment of Violences, etc. Act (the composition and activities of organizations, etc.) at the Daegu High Court on October 27, 2016, and that the judgment became final and conclusive on November 14, 2016. The crime of this case is in concurrent crimes under the latter part of Article 37 of the Criminal Act with regard to which ten months of imprisonment for each of the crimes for which the judgment became final and conclusive, and the crime of this case is concurrent crimes under the latter part of Article 39(1) of the Criminal Act, and is determined at the same time after considering equity and the mitigation or exemption of the sentence. Thus, the judgment of the court below cannot be maintained in this respect.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining the defendant's assertion of unfair sentencing, on the ground of ex officio reversal.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as follows. The first head of the judgment of the court below added "a defendant was sentenced to imprisonment with prison labor for one year, ten months, with prison labor for a violation of the Punishment of Violences, etc. Act (the composition and activity of organizations, etc.) at the Daegu High Court on October 27, 2016, and its judgment became final and conclusive on November 14, 2016," and "1.............................. the defendant added "each statement of each decision" to the summary of the evidence of the court below as stated in each corresponding column of the court below. Thus, all of them are cited in accordance with Article 369 of

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

2. Handling concurrent crimes;