The judgment of the first instance is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., 5 million won) of the first instance court is too unreasonable;

2. Prior to the judgment on the grounds for appeal ex officio, according to the records, the Defendant was sentenced on September 5, 2014 by the Seoul Northern District Court to a suspension of the execution of four months of imprisonment with prison labor on the grounds of injury on September 13, 2014, and the judgment became final and conclusive on September 13, 2014. The crime for which the judgment became final and the instant crime are concurrent crimes under the latter part of Article 37 of the Criminal Act, with regard to the concurrent crimes under the latter part of Article 39(1) of the Criminal Act, and thus, the judgment of the first instance was no longer maintained.

3. Accordingly, the judgment of the court of first instance is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the allegation of unfair sentencing, on the grounds of ex officio reversal, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court of first instance, except for adding "the defendant was sentenced to one year of suspended execution on September 5, 2014 by imprisonment with prison labor for an injury at the Seoul Northern District Court on September 5, 2014 and the judgment became final and conclusive on September 13, 2014" to the first head of the facts charged in the reasoning of the judgment of first instance. Therefore, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) and Article 30 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant repaid the amount of damage with C and agreed with the victim, and the principle of equity with the case where the judgment was rendered simultaneously with the previous judgment that became final and conclusive, etc. are favorable to the defendant, but on the other hand, the date of trial after the defendant was detained separately.