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 is too unreasonable that the penalty (2.5 million won of fine) imposed by the court below against the defendant is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, according to the records, the defendant was sentenced to three years of imprisonment by the Incheon District Court on December 15, 201 due to the crime of violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.), etc., and the judgment became final and conclusive on July 12, 2012. As such, the crime of violation of the Punishment of Violences, etc. Act (a seriously weapon, etc.) and the crime of this case committed by the defendant in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act, since the crime of this case is in relation to concurrent crimes under the latter part of Article 39(1) of the Criminal Act, the court below’s judgment that did not take such measures becomes unable to be maintained, taking account of equity with the case where it

3. If so, the judgment of the court below is reversed pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is the first head of the judgment of the court below. "The defendant was sentenced to three years of imprisonment with prison labor on December 15, 201 due to the violation of the Punishment of Violences, etc. Act (a collective deadly weapons, etc.) at the Incheon District Court on the Punishment of Violences, etc., and the judgment became final and conclusive on July 12, 2012." The summary of the evidence is the same as the corresponding column of the judgment of the court below, except for addition of "1. inquiry letter of criminal records, etc., and each written judgment" to the summary of the evidence, and thus, it is cited in accordance

Application of Statutes

1. Relevant Article 283 (1) of the Criminal Act concerning the facts constituting a crime and the choice of punishment. Article 283 (1) of the Criminal Act

1. The latter part of Article 37 and Article 39(1) of the Criminal Act dealing with concurrent crimes;