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 summary of the grounds for appeal (e.g., a fine of three million won) of the lower court is too unfilled and unreasonable.

2. Prior to the judgment of the prosecutor’s ex officio on the assertion of unfair sentencing, the Prosecutor added the criminal records to the effect that “the Defendant was sentenced to a two-year sentence of suspension of execution on August 28, 2015 due to the crime of injury, etc. at the Chuncheon District Court on August 20, 2015, and the said judgment became final and conclusive on August 28, 2015,” and applied for changes in the indictment to add “the latter part of Article 37 and Article 39 of the Criminal Act” to the applicable provisions of law, and this Court permitted this.

Therefore, the crime of injury in this case and the crime of injury in which judgment became final and conclusive as above are concurrent crimes under the latter part of Article 37 of the Criminal Act, and after considering equity in cases where judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act and examining whether to reduce or exempt punishment, the judgment of the court below cannot be maintained any more.

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

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the records that the defendant was punished several times for the same crime. However, the circumstances unfavorable to the defendant, such as the fact that the defendant committed the same kind of crime during the period of probation, and the fact that the defendant made a confession of the crime of this case and made a judgment contrary to it.