The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, according to each of the summary information and the text of the judgment (Seoul District Court Branch Decision 2015 High Court Decision 2016 High Court Decision 2016) submitted by the prosecutor as evidence in the trial of the party, the Defendant may be found to have been sentenced to eight months of imprisonment for the crime of assault and bodily injury at the Seo branch court of the Daegu District Court on March 25, 2016, and the judgment became final and conclusive on April 2, 2016. As above, the crime of assault and bodily injury for which judgment became final and conclusive are concurrent crimes in the latter part of Article 37 of the Criminal Act, and the crime of this case is determined by the judgment below after examining whether to reduce or exempt punishment in consideration of equity and cases where the judgment is rendered at the same time pursuant to Article 39(1) of the Criminal Act. In this regard, the judgment below cannot be maintained.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and the following is again decided after pleading.

Criminal facts

The substance of the facts charged and the summary of the evidence admitted by this court are as follows: the first head of the lower court’s criminal history room is as follows: “The Defendant was sentenced to eight months of imprisonment due to an assault or bodily injury in the Western District Court’s Branch Branch on March 25, 2016 and the judgment became final and conclusive on April 2, 2016.

“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 adding “1. Before the judgment,” the summary information inquiry of the case and the text of the judgment (Seoul District Court 2015 order 2016 order 2016 order 2016) to each column of the evidence. As such, it is acceptable in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.