The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,500,000.

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 (an amount of KRW 3 million) is too unreasonable and unfair (the Defendant explicitly withdraws his/her assertion of mistake as to facts on the first trial date of the first trial). On August 14, 2018, prior to determining the grounds for appeal ex officio, the Defendant was examined ex officio, and the record reveals that, on August 14, 2018, the Defendant was sentenced to a suspended sentence of 2 years for imprisonment with prison labor for special injury in the Busan District Court (2017 High Court Decision 2063, May 22, 2018) and the said judgment became final and conclusive on August 22, 2018.

Since each crime of the judgment of the court below against the defendant and the above special injury crime of the above special injury which became final and conclusive, in relation to the concurrent crimes of the latter part of Article 37 of the Criminal Act, a punishment for each crime of the judgment of the court below shall be sentenced in consideration of equity in the case where the judgment is to be rendered at the same time in accordance with Article 39 (1) of the Criminal

3. 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 of sentencing, and the judgment of the court below is reversed and it is again decided as follows.

【Inasmuch as a new judgment was rendered, the first head of the crime committed by this court and the summary of the evidence was determined on August 22, 2018 on August 14, 2018 by sentenceing two years of suspended sentence to imprisonment with prison labor for a special injury at the Busan District Court on August 14, 2018.

“A previous conviction in the judgment of the court below” is the same as the corresponding column of the judgment of the court below, except for the addition of “a prior conviction in the judgment of the court below” in the space where the evidence is required, and such addition is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 260 (1) of the Criminal Act (the point of violence) and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Selection of each alternative fine for punishment;

1. The latter part of Article 37 of the Criminal Code for the treatment of concurrent crimes, provided that Article 39(1)1.