The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

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 (2 million won of fine) is too unreasonable.

2. Before determining the grounds for appeal ex officio, the defendant was sentenced to six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (collectively weapon, etc.) on February 5, 2015, and the above judgment becomes final and conclusive on April 23, 2015. The crime of the defendant as stated in the judgment of the court below and the violation of the Punishment of Violences, etc. Act (collectively weapon, etc.) against which the judgment of the court below became final and conclusive on April 23, 2015 are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the crime of violation of the Punishment of Violence, etc. Act (collectively weapon, etc.) shall be sentenced to punishment for the crime as stated

3. Thus, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as follows: the criminal records of the crime that "the defendant was sentenced to six months of imprisonment on February 5, 2015 due to a violation of the Punishment of Violences, etc. Act (a deadly weapon, etc.) and the judgment became final and conclusive on April 23, 2015," and the summary of the evidence "1. The criminal records of the judgment of the court in the summary of the evidence" are as stated in each corresponding column of the judgment of the court below, except for addition of the defendant's statement in this court and a statement of inquiry, such as criminal records, etc.

Application of Statutes

1. Relevant Article 311 of the Criminal Act and Selection of Punishment concerning the facts constituting an offense. Article 311 of the same Act

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The order of provisional payment;