The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

The Defendant appealed on the ground that the lower court’s punishment (an amount of KRW 6.5 million) was too excessive and unfair.

We examine the reasons for appeal ex officio prior to judgment.

According to the records, the defendant was sentenced to two years of imprisonment with prison labor on April 30, 2018 by the Suwon Friwon for special injury, etc., and the judgment became final and conclusive on May 2, 2018.

Since the above special injury crime, etc., for which judgment to face imprisonment without prison labor or heavier punishment has become final and conclusive, the crime of this case committed by the defendant, after Article 37 of the Criminal Act, shall be determined by considering equity and the reduction or exemption of punishment pursuant to Article 39(1) of the Criminal Act.

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

Criminal facts

On April 30, 2018, the Defendant was sentenced to two years of imprisonment with prison labor due to a special injury, etc. at the Suwon Friwon, and the judgment became final and conclusive on May 9, 2018.

“1. Before the judgment,” and the summary of the evidence is as stated in the corresponding column of the judgment of the court below, except for addition of “1. Before the judgment: Each judgment and the Defendant’s statement at the trial.”

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 311 of the Criminal Act, Article 366 of the Criminal Act, Article 260(1) of the Criminal Act, and the choice of fines for the crime;

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. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The number of grounds for sentencing under Article 334(1) of the Criminal Procedure Act is multiple, and the defendant has a lot of records of criminal punishment.

In the case of assault, violence has occurred as a vision.