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 decision of the court below on the summary of the grounds for appeal (2 million won of fine) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, according to evidence duly adopted and examined by the lower court, the Defendant appears to have been sentenced on February 5, 2020 to three years and six months from the Seoul High Court on February 5, 2020 due to robbery, injury, etc., and on February 13, 2020, stated in the report on the results of confirmation of the previous disposition on February 7, 2020.

The final and conclusive judgment shall be recognized.

The crimes of robbery, injury, etc. for which judgment has become final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment of this case shall be determined after examining whether to reduce or exempt punishment in consideration of equity in cases where judgment is to be concurrently rendered pursuant to Article 39(1)

Therefore, the judgment of the court below cannot be maintained as it is.

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 the judgment below is reversed and it is again decided as follows.

[Discied reasoning of the judgment of the court below] The summary of criminal facts and evidence admitted by this court is as follows: "The defendant was sentenced on February 5, 2020 to three years and six months from imprisonment due to robbery, injury, etc. at Seoul High Court on February 5, 2020 and the judgment became final and conclusive on February 13, 2020" in the first head of the judgment of the court below; and except for adding "1. criminal records and results of confirmation before disposition and results of confirmation before disposition" at the last point of the evidence, it is identical to each corresponding column of the judgment of the court below; therefore, it is cited in accordance with Article 3

Application of Statutes

1. Relevant Article 350 (1) and Article 31 (1) of the Criminal Act concerning the crime, the choice of punishment, and the selection of fines;

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

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

1. The Criminal Procedure Act;