The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. In light of the substance of the grounds for appeal in this case, the punishment imposed by the court below on the defendant (three million won of fine) is too unreasonable.

2. Reviewing the reasoning of the Defendant’s appeal ex officio prior to the judgment, the record of this case reveals that the Defendant was sentenced to a suspension of the execution of six months of imprisonment with prison labor on June 17, 2010 at the Sungwon District Court Sungnam Branch, and the judgment became final and conclusive on September 10, 201, and on August 11, 201, the same court was sentenced to imprisonment with prison labor for four months and six months for a violation of the Punishment of Violences, etc. Act (Intimidation with deadly Weapons, etc.), and the final judgment became final and conclusive on February 9, 2012 due to the following: (a) the crime of injury, etc. for which judgment became final and conclusive and the crime of this case was related to concurrent crimes under the latter part of Article 37 of the Criminal Act; and (b) the court below’s judgment becomes final and conclusive on September 10, 201 after considering equity and mitigation or exemption of punishment pursuant to Article 39(1) of the Criminal Act.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The substance of the facts charged and the summary of the evidence admitted by this court are as follows: "The defendant was sentenced on June 17, 2010 by imprisonment with prison labor for six months at the Sungwon District Court's Sungnam Branch, and the judgment became final and conclusive on September 10, 2010, and on August 11, 2011, the same court was sentenced for four months by imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a deadly weapons, etc.), and a violation of the Punishment of Violences, etc. Act (Habitual Intimidation) and on February 9, 2012, added "the judgment became final and conclusive on February 9, 2012" to the summary of the evidence and added "1."