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 (unfair sentencing) of the lower court’s punishment (amounting to five million won) is too unhued and unreasonable.

2. According to the evidence duly adopted and examined by the trial court ex officio prior to the judgment on the grounds for appeal by the prosecutor ex officio, the defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution on April 27, 2017, and the judgment became final and conclusive on May 5, 2017. Thus, since the crime of injury and the crime of injury on which the judgment of the court below rendered against the defendant became final and conclusive on May 5, 2017 in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, punishment for the crime of injury shall be imposed on the defendant in consideration of equity with the case where the judgment is concurrently rendered pursuant to the former part of Article 39(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and it is again decided as follows after pleading.

[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence were “criminal facts” of the judgment below in the first head of the judgment below, which became final and conclusive on May 5, 2017, by being sentenced to six months of imprisonment with prison labor due to an injury, etc. on April 27, 2017 and two years of suspended execution.

“A previous conviction in the judgment of the court below” and “a summary of evidence” shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act, except for adding “a final conviction in the judgment of the court below” and “a result of search of consolidated cases.”

Application of Statutes

1. Article 260 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order are Grade III in the mental delay.