The judgment of the court below is reversed.

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

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 (5 million won of a fine) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant ex officio, the following facts are examined. According to the evidence, the Defendant was sentenced to a suspended sentence of one year in April, 2018 and a sentence of 80 hours in the community service order for a violation of the Punishment of Violences, etc. Act on July 26, 2018. On November 9, 2018, the above judgment was finalized [Seoul Western District Court Decision 2017Da1865, 1865, 2017 Godan2183, 2017Ma2768, 2017Ma2768, 2013, 2018No394, 2018No394, 2018Do13196]. The instant crime is concurrent crimes under the latter part of Article 37 of the Criminal Act for which the judgment became final and conclusive.

Therefore, in accordance with Article 39(1) of the Criminal Act, punishment for the instant crime should be sentenced in consideration of equity with the case where a judgment becomes final and conclusive at the same time. Therefore, the judgment of the court below is no longer maintained.

3. Accordingly, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

[Grounds for the judgment of multiple court] The summary of the facts constituting the crime and the evidence admitted by the court below and the summary of the evidence are as follows: "The defendant added "the defendant to the "criminal records" column of the facts constituting the crime to the "criminal records of the judgment of the court below to "one year of suspended execution," 80 hours of community service order, and "the above judgment became final and conclusive on November 9, 2018," and "1. A criminal records of the judgment of Seoul Western District Court (Seoul Western District Court Decision 2017Da1865, 2017Ma1865, 2017Ma2183, 2017Ma2768, 2768, 2017Ma2813 (Joint), 2017Ma2813 (Joint), Seoul Western District Court Decision 2018No394 (Joint), 2018Do13196)" to the corresponding column of the judgment of the court below.

Application of Statutes

1..