The judgment of the court below is reversed.

Defendant shall be punished by a fine of four million won.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal (4 million won of a fine) is too unreasonable.

2. Before determining the grounds for appeal by the Defendant ex officio, the lower court: (a) chosen a fine in determining the sentence against the Defendant; and (b) applied Article 35 of the Criminal Act on September 14, 2012, on the ground that the Defendant was sentenced to six months by imprisonment with prison labor for a violation of the Punishment of Violence, etc. Act (joint injury) at the Jeonju District Court on September 14, 2012, and completed the execution of the sentence; (c) applied Article 35 of the Criminal Act for repeated offense. “Crimes constituting imprisonment without prison labor or heavier” under Article 35(1) of the Criminal Act refers to crimes punishable by imprisonment without prison labor or imprisonment with prison labor, and thus, cannot be deemed as subject to repeated offense (see, e.g., Supreme Court Decision 82Do1018, Jul. 27, 1982); and (d) in this respect, the lower judgment was reversed.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the following decision is delivered without examining the defendant's assertion of unfair sentencing, on the ground that there is an ex officio reversal ground as above.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The crime of this case with the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has a record of criminal punishment for the same crime, including the defendant, and the defendant is under repeated crime for the same crime, the victim's face is taken into consideration.