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 (a fine of 1.5 million won) is too unreasonable.

2. Before determining the grounds for appeal by the Defendant ex officio, the records of this case revealed that the Defendant was sentenced on July 10, 2013 to six months by the Seoul Southern District Court for a violation of the Punishment of Violences, etc. Act (collectively weapon, etc.) and the said judgment became final and conclusive on July 18, 2013. In such a case, the crime for which the said judgment became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act. In such a case, the punishment should be determined by taking into account the case where the judgment is concurrently rendered under Article 39(1) of the Criminal Act and equity.

Therefore, in accordance with Article 39(1) of the Criminal Act, the judgment of the court below which did not determine punishment for the crime of this case can no longer be maintained.

3. Therefore, 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.

Criminal facts

The summary of the evidence and the facts charged by this court and the summary of the evidence are added to the first criminal facts of the judgment of the court below, "the defendant is a person who was sentenced to six months of imprisonment with prison labor at the Seoul Southern District Court on July 10, 2013 due to a violation of the Punishment of Violences, etc. Act (collectively weapons, etc.) and confirmed on July 18, 2013," and the judgment prior to the judgment of the court below on July 18, 2013: the result of the case search and the result of the case is the same as the corresponding column of the judgment of the court below except for adding a copy of the judgment", and thus, it is cited as it is in accordance with

Application of Statutes

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

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

1. The defendant's reasons for sentencing of Articles 70 and 69 (2) of the Criminal Act in the custody of a workhouse.