The judgment of the court below is reversed.

Defendant shall be punished by a fine of four million won.

The defendant does not pay a fine.

Summary of Grounds for Appeal

The sentencing of the lower court (hereinafter referred to as a fine of 4 million won) is too unreasonable.

2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.

According to the records of this case, the defendant was sentenced to two years of suspension of the execution on March 21, 2013 by imprisonment with prison labor for an injury, etc. at the Busan District Court on March 21, 2013, and the above judgment became final and conclusive on March 29, 2013, and on April 4, 2014, the court sentenced one year and six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (an injury to group, deadly weapons, etc.) and the above judgment became final and conclusive on May 8, 2014. Since the crime of this case was committed before each of the above judgment becomes final and conclusive, the above crime of this case and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, and thus, a sentence shall be determined after considering equity and the mitigation or exemption of punishment

In this respect, the judgment of the court below is no longer maintained.

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

Criminal facts

The summary of the facts charged and the evidence of the defendant, which are acknowledged by the court, are as follows: the first head of the facts charged, "the defendant was sentenced to two years of suspension of execution on March 21, 2013 by imprisonment with prison labor for the crime of injury at the Busan District Court on March 21, 2013, and the above judgment became final and conclusive on March 29, 2013; on April 4, 2014, the same court was sentenced to one year and six months of imprisonment with prison labor for the crime of violation of the Punishment of Violences, etc. Act (a collective injury, deadly weapons, etc.) and the above judgment became final and conclusive on May 8, 2014, and all of the judgment below are as stated in each corresponding column of the Criminal Procedure Act."

Application of Statutes

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;