The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal (three million won of a fine) is too unreasonable.

2. According to the records of ex officio determination, the Defendant, at the Daegu District Court on November 16, 2012, sentenced 10 months of imprisonment with prison labor for the crime of acquiring stolen goods and 2 years of suspended execution to the effect that the judgment became final and conclusive on November 24, 2012.

Since the crime of this case is related to the crime subject to the above final judgment and the latter part of Article 37 of the Criminal Act, the punishment of this case shall be determined after examining whether to reduce or exempt punishment in consideration of equity and equity in cases where a concurrent judgment is rendered pursuant to Article 39(1)

The judgment below

The judgment of the court below can no longer be maintained in this respect, since the application of Acts and subordinate statutes omits the processing of concurrent crimes.

3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without a need to decide on the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal, 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 Daegu District Court sentenced on November 16, 2012 to 10 months of imprisonment and 2 years of suspended execution for the acquisition of stolen goods at the Daegu District Court, which became final and conclusive on November 24, 2012, and the judgment was as stated in the corresponding column of the judgment below,” and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) and (1) 3 of the same Act, Article 257 (1) of the Criminal Act (the point of joint injury), Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of joint violence), the selection of each fine;

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

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Criminal Code of the Detention of Labor House; and