The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.

2. Examining the record of the instant case’s ex officio determination, the Defendant was sentenced to a suspended sentence of five years for a period of imprisonment with labor for a violation of the Punishment of Violences, etc. Act (a deadly weapon, etc.) at the Incheon District Court on April 4, 2012, and such judgment became final and conclusive on April 12, 2012.

Since the crime of violation of the Punishment of Violences, etc. Act and the crime of this case, which became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act with regard to concurrent crimes under Article 39(1) of the Criminal Act, the punishment shall be determined in consideration of equity with the case where a concurrent judgment is to be rendered pursuant to Article 39(1)

3. 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, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.

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 a five-year suspended sentence of imprisonment on April 4, 2012 by the Incheon District Court for a violation of the Punishment of Violences, etc. Act (a deadly weapon, etc.), and the judgment became final and conclusive on April 12, 2012" was added to the summary of the evidence as stated in the corresponding column of the judgment of the court below, except for the addition of "1. case summary agreement auxiliary meetings and the judgment (a first instance court)" to the summary of the evidence, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article applicable to the crime and Articles 150 subparagraph 1 and 44 (1) of the former Road Traffic Act (wholly amended by Act No. 9580 of Apr. 1, 2009) that select the punishment for the crime

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;