The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one million won in penalty) is too unreasonable.

2. We examine ex officio prior to the judgment on the defendant's improper argument of sentencing.

According to the records, the defendant was sentenced to one year and two months of imprisonment with prison labor and a fine of 500,000 won on February 4, 2016 at the Gangnam Branch Branch of the Chuncheon District Court on February 12, 2016 and the judgment became final and conclusive on February 12, 2016. The crime of this case and the crime of injury for which imprisonment with prison labor has become final and conclusive in the above judgment are concurrent crimes in the relationship between the crime of this case and the crime of injury for which imprisonment with prison labor has become final and conclusive in accordance with Article 37 of the Criminal Act and the crime of this case should be sentenced to punishment for the crime of this case in consideration of equity in the case where the crime of this case and each of the above crimes for which

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the following decision is made through a change of opinion.

[Re-written judgment] The summary of criminal facts and evidence recognized by this court is the criminal facts of the judgment below, and the judgment of the court below became final and conclusive on February 12, 2016, after having been sentenced to one year and two months of imprisonment and a fine of 50,000,000 won for the crime of injury at the Gangnam District Court Branch Branch of the Chuncheon District Court on February 4, 2016.

In addition to adding "A reply to inquiries, such as criminal history, investigation report (the confirmation of a case in progress)," to the summary of the evidence, it is identical to each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 97 subparagraph 3 of the Act, Article 22 subparagraph 3 of the Act, and Article 22 of the Act, the selection of fines concerning facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Criminal Procedure Act of the Provisional Payment Order.