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 court below's punishment (1,500,000 won) against the defendant as to the summary of the grounds for appeal is too unreasonable.

The grounds for appeal by the defendant shall be examined ex officio prior to the judgment.

On January 12, 2017, the Defendant was sentenced to eight months of imprisonment with prison labor for habitual injury, etc. at the Busan District Court on February 9, 2017, and the judgment became final and conclusive on February 9, 2017. The Defendant’s crime and the above habitual injury crime, etc., for which the lower court’s judgment and the judgment against the Defendant became final and conclusive, shall be sentenced to punishment for the crime as indicated in the lower judgment, taking into account equity with the case where the Defendant simultaneously ruled it pursuant to Article 39(1) of the Criminal Act

In this regard, the prosecutor added "Article 37 and Article 39 (1) of the Criminal Act" to the provisions of the law applicable to the indictment of this case in the trial of the party, and "the defendant was sentenced to 8 months imprisonment with prison labor for habitual injury, etc. at the Busan District Court on January 12, 2017 and the judgment became final and conclusive February 9, 2017.

“A request for amendments to Bill of Indictment was filed,” and this Court allowed this.

In this respect, the judgment of the court below cannot be maintained as it is.

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 summary of the facts constituting a crime and evidence recognized by this court is the first head of "criminal facts" column, and the judgment was finalized on February 9, 2017, when the defendant was sentenced to eight months of imprisonment with prison labor for habitual injury, etc. at the Busan District Court on January 12, 2017.

The summary of “B and B” evidence is as follows: (a) the previous conviction in the last sentence of “1.”: A criminal investigation report (a final confirmation judgment) and a copy of the judgment, other than adding “B” as stated in each corresponding column of the judgment of the court below; and (b) it is cited by Article 369 of the Criminal Procedure Act as it is.

Application of Statutes

1.