The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

1. According to the records of ex officio determination, the Defendant, who was sentenced on June 22, 2012 to eight months from the Suwon District Court’s Ansan Branch for the violation of the Military Service Act, was sentenced to imprisonment on June 30, 2012, and the said judgment became final and conclusive on June 30, 2012. As such, the crime of violation of the Military Service Act and the crime of assault in this case committed by assault in violation of the latter part of Article 37 of the Criminal Act are related to concurrent crimes under the latter part of Article 39(1) of the Criminal Act, and the punishment shall be determined after considering

2. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts and evidence admitted by this court is to add "criminal facts" to all the facts of "criminal facts" as stated in the judgment of the court below, and to "the above judgment became final and conclusive on June 30, 2012, after having been sentenced to eight months of imprisonment for violation of the Military Service Act from the Suwon District Court's Ansan Branch on June 22, 2012", and "the summary of evidence" to "the judgment of the court of first instance: the judgment of the court of first instance and the case agreement assistant council" as stated in each corresponding column of the judgment of the court below, and thus, they are cited as it is in accordance with Article 369 of the

Application of Statutes

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

2. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

3. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

4. The reason for sentencing under Article 334(1) of the Criminal Procedure Act recognizes the defendant to commit a crime, the defendant has a record of fines or criminal punishment for suspended execution several times for the same or different crimes, the defendant must take into account equity with the case of the violation of the Military Service Act at the same time with the reason for reversal prior to the latter concurrent crimes under the latter part of Article 37 of the Criminal Act.