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.

The summary of the grounds for appeal by the defendant is unreasonable since the sentence of the court below, which sentenced fines of KRW 1,00,000, is too unreasonable in light of the fact that the defendant, as a disabled person, has a difficulty in maintaining his livelihood only by living expenses of KRW 300,000 in one month.

Before determining the grounds for appeal for ex officio determination, it is ex officio.

According to the records, the defendant was sentenced to six months from June 11, 2015 to the violation of the Punishment of Violences, etc. Act (Habitual Violence) and the crime of interference with business at the Sungnam Branch of Suwon District Court on June 11, 2015, and the judgment became final and conclusive on June 19, 2015.

However, the crime of attempted fraud of this case is in the relationship between the crime of violation of the Punishment of Violences, etc. Act (Habitual Violence), the crime of interference with business, and the latter part of Article 37 of the Criminal Act, and thus, the punishment should be determined in consideration of equity with the case of concurrent judgment pursuant to Article 39(1)

Therefore, the judgment of the court below that sentenced the defendant to the punishment can not be maintained without considering the equality in the case of judgment at the same time with each of the above crimes.

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 it is again decided as follows.

Criminal facts

The summary of the evidence and the criminal facts of the defendant are as follows. The defendant added "the defendant was sentenced to six months from June 11, 2015 to the violation of the Punishment of Violences, etc. Act (Habitual Violence) and the crime of interference with business (hereinafter referred to as "the judgment became final and conclusive on June 19, 2015)" to the criminal facts of the judgment of the court below, and "the criminal records of the court in the judgment of the court in the summary of the evidence" added "the defendant's legal statement and investigation report (attached to the judgment)" to the criminal facts of the court below, and therefore, they are cited as it is in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1.