The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million 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 (two million won of fine) is too unreasonable.

2. In a case where a final and conclusive judgment rendered pursuant to Article 39(1) of the Criminal Act, which is concurrent crimes prescribed in the latter part of Article 37 of the Criminal Act, after the judgment of the court of first instance was rendered ex officio prior to the judgment on the grounds for appeal, has become final and conclusive prior to the judgment of the court of first instance, the appellate court shall ex officio reverse the judgment of the court of first instance, and review and determine the same ex officio (see, e.g., Supreme Court Decisions 2010Do15253, Jan. 13, 201; 2012Do9295, Sept. 27, 2012). According to the records, the Defendant may recognize the fact that the said judgment has already become final and conclusive on May 20, 2014.

Therefore, in relation to the crime for which the above judgment became final and the crime of this case, punishment shall be determined in consideration of equity in the case of concurrent crimes under Article 39(1) of the Criminal Act with regard to the relationship of concurrent crimes under the latter part of Article 37 of the Criminal Act. Therefore, the judgment of the court below

3. In conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the judgment below is reversed and it is ruled again as follows.

Criminal facts

The summary of the criminal facts and evidence of the defendant recognized by this court is as follows: except for adding "the defendant is sentenced to one year to imprisonment on February 28, 2014 with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Sungwon District Court's Sung-nam branch on February 28, 2014, and the above judgment was finalized on May 20, 2014" to "the person who was finally affirmed on May 20, 2014" as stated in each corresponding column of the judgment of the court below, and thus,

Application of Statutes

1. Article 257 of the Criminal Act applicable to the crime and the choice of punishment.