The judgment of the court below is reversed.

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

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 (fine 3,000,000) is too unreasonable.

2. Before determining the grounds for appeal by the Defendant, the record reveals that the Defendant was sentenced to seven years of imprisonment by the Seoul High Court on April 26, 2013 due to robbery, injury, etc., and the judgment became final and conclusive on June 21, 2013. As such, the crime for which the judgment became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the crime of this case are in a concurrent relationship under the latter part of Article 39(1) of the Criminal Act, taking into account the case where a judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act, and after examining whether to reduce or exempt the sentence, the judgment of the lower

3. Accordingly, 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 it is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as follows: (a) adding "the defendant is a person who was sentenced to seven years of imprisonment by the Seoul High Court on April 26, 2013 due to robbery, injury, etc. on which the above judgment became final and conclusive on June 21, 2013" to the first head of the facts charged; and (b) adding "1. Investigation results (Confirmation of the final and conclusive judgment)" to the summary of the evidence as stated in each corresponding column of the judgment of the court below; and (c) thus, it is cited as it is in accordance with Article

Application of Statutes

1. Relevant Article 329 of the Criminal Act and Selection of Punishment for the Crime. Article 329 (Selection of Fine)

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;