The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., a fine of 5 million won) of the lower court’s sentencing (e.g., a fine of 5 million won) is unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

According to the records, the defendant was sentenced to a suspended sentence of three years, probation, community service for 240 hours, and an order to attend violent therapy for 40 hours at the Daejeon District Court on April 9, 2020, for a violation of the Punishment of Violences, etc. Act (joint assault), etc., and the judgment became final and conclusive on April 17, 2020.

Since each crime of the judgment of the court below against the defendant and the violation of the Punishment of Violences, etc. Act (joint assault) against which the judgment of the court below becomes final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment for each crime shall be sentenced in consideration of the equality with the case where the judgment is to be rendered at the same time

Therefore, the judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the prosecutor, on the ground that the above grounds for ex officio reversal exist, and the judgment below is ruled as follows through pleading.

[Reasons for the judgment of multiple court] The summary of the facts constituting the crime and the evidence admitted by the court and the summary of the evidence are all the facts constituting the crime, "the defendant is sentenced to a stay of execution three years, probation, community service for 240 hours and an order to attend a lecture for violence treatment for 40 hours at the Daejeon District Court on April 9, 2020, and the judgment became final and conclusive on April 17, 2020," and the summary of the evidence is the same as the corresponding column of the judgment of the court below, except for addition of "1. previous records of the judgment: criminal records, etc.: criminal records, and final and conclusive judgments" to the summary of the evidence, and it is also cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;