The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

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 KRW 500,000) against the Defendant is too unreasonable.

2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the first head of the charge against the Defendant was examined by the Prosecutor, and the judgment was finalized on June 4, 2016, on the first head of the charge against the Defendant, “The Defendant was sentenced to imprisonment with prison labor for a special injury in the Daejeon District Court Hongsung support on March 18, 2016, for a special injury.

The latter part of Article 37 of the Criminal Code, which is the provision of the applicable law, provided that Article 39(1) of the Criminal Code, "A shall apply for the amendment to a bill of amendment of an indictment with the addition of A, and this Court permitted the addition.

Therefore, since the crime of the judgment of the court below and the above special bodily injury for which the judgment of the court below became final and conclusive are concurrent crimes in relation to the latter part of Article 37 of the Criminal Act, a sentence should be imposed to the defendant in consideration of equity in the case of concurrent trials pursuant to Article 39(1) of the Criminal Act, the judgment below which did not consider the crime

3. Therefore, 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 about sentencing, and the judgment below is reversed and it is again decided as follows.

【Grounds for the judgment in its entirety] Criminal facts and summary of evidence recognized by this court are the first head of the judgment of the court below, and the judgment was finalized on June 4, 2016 after having been sentenced to one year to imprisonment with prison labor for special bodily injury in the Hongsung Branch of the Daejeon District Court on March 18, 2016.

The summary of “B and the summary of evidence” is the same as the corresponding column of the judgment of the court below, except for the addition of the Defendant’s “1. First, the Defendant’s oral statement” at the end, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 of the Criminal Code for the Treatment of Concurrent Crimes: