The judgment of the court below is reversed.

Defendant shall be punished by a fine of 200,000 won.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (200,000 won) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the prosecutor tried to examine the facts charged at the trial of the court, and the prosecutor applied for changes in indictment to the applicable provisions of Article 39(1) of the Criminal Act, stating, “The defendant was sentenced to two years at the Seoul Western District Court for a violation of the Punishment of Violence, etc. Act (Habitual Injury) on August 12, 2010, and dismissed the appeal, and the judgment became final and conclusive on January 27, 2011. On January 31, 2013, the same court was sentenced to one year for a violation of the Punishment of Violences, etc. Act (Habitual Injury) and the judgment became final and conclusive on February 8, 2013.” The court applied for changes in the applicable provisions of the Act to the indictment, and therefore, the judgment of the court below cannot be maintained further in this respect.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's request for an unreasonable sentencing, on the grounds of ex officio reversal as seen above, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court are as follows. "The defendant was sentenced to two years of imprisonment at the Seoul Western District Court for the crime of violation of the Punishment of Violences, etc. Act (Habitual Injury) on August 12, 2010, and the dismissal of the appeal becomes final and conclusive on January 27, 201, and one year of imprisonment with prison labor for the crime of violation of the Punishment of Violences, etc. Act (Habitual Injury) at the same court on January 31, 2013, and the above judgment became final and conclusive on February 8, 2013" in the summary of the evidence, and "1. The above judgment was final and conclusive on February 8, 2013," in the summary of the evidence, "1. The previous judgment: the Seoul Western District Court Decision 2010Ra430, etc., the Seoul Western District Court Decision 2010No915, the Supreme Court Decision 2010Do14507, the Seoul Western District Court Decision 2012No97, respectively,".