The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 8,500,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.

2. According to the evidence submitted by a prosecutor at the trial of the party (the text of the judgment, etc.), the defendant was sentenced to a suspended sentence of two years for six months of imprisonment with prison labor due to a crime of violation of the Punishment of Violences, etc. Act (joint conflict) at the Cheongju District Court on January 24, 2017, and the judgment became final and conclusive on February 1, 2017.

As above, since the crime for which judgment has become final and conclusive and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity and equality in cases where judgment is to be rendered at the same time pursuant to Article 39(1) of the Criminal Act, so the judgment of the court below cannot be maintained.

3. The judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and the following is decided through a new pleading.

[Re-written judgment] The summary of the facts constituting a crime and evidence recognized by this court is the first head of the facts constituting a crime in the judgment of the court below, and the judgment of the court below became final and conclusive on February 1, 2017, on the ground that the defendant was sentenced to two years of suspension of execution for six months of imprisonment due to a violation of the Punishment of Violences, etc. Act (joint conflict) at the Cheongju District Court on January 24, 2017

“Additional. The Defendant’s oral and legal statement in the column of the evidence;

1. Previous convictions in the judgment of the court below, except for the addition of "a sentence" as stated in each corresponding column of the judgment of the court below, they shall be quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, recognizes the instant crime.