The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

1. The penalty of the court below (a fine of 300,000 won) declared by the defendant against the summary of the grounds for appeal is too unreasonable.

2. The first head of the judgment of the court below, prior to the judgment on the grounds of appeal by the defendant ex officio, examined the following facts: the first head of the crime of this case is the criminal records of the defendant in the concurrent relationship with the crime of this case under the latter part of Article 39 of the Criminal Act; on October 22, 2009, the defendant was sentenced to one year of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective deadly weapons, etc.) at the Incheon District Court on December 24, 2009; on February 11, 2010, the judgment became final and conclusive; on February 19, 2010, the Incheon District Court sentenced three months of imprisonment with prison labor for the crime of violation of the Employment Security Act, etc.; however, on May 9, 2012, the court below determined that the defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 3 of the Act on the Aggravated Punishment, etc. of Specific Crimes (aggravated Punishment, etc.) at the same time as the judgment became final and conclusive.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and it is again decided as follows.

Criminal facts

The substance of the facts charged and the summary of the evidence recognized by the court is as follows.