The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

The punishment (fine 2.5 million won) imposed by the court below on the defendant is too unreasonable.

Judgment

On July 3, 2012, the Defendant was sentenced to ten months of imprisonment by the Incheon District Court for a violation of the Punishment of Violences, etc. Act (joint attack), etc. on July 24, 2012. On July 27, 2012, the above judgment became final and conclusive on August 4, 2012 after having been sentenced to four years of imprisonment with prison labor by the Seoul High Court for robbery in Seoul High Court on July 27, 2012, and the above judgment became final and conclusive on August 4, 2012. As above, the crime of violation of the Punishment of Violences, etc. Act (joint attack) and the crime of robbery in the concurrent relation between the crime of violation of the Punishment of Violences, etc. Act (joint destruction and damage, etc.) and the latter part of Article 37 of the Criminal Act, and thus, the judgment of the court below against the Defendant becomes final and conclusive on July 4, 2012.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal on the grounds of unfair sentencing of the defendant, and the judgment of the court below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: “The defendant was sentenced to ten months of imprisonment by the Incheon District Court on July 3, 2012 due to the violation of the Punishment of Violences, etc. Act (joint conflict) at the Incheon District Court on July 24, 2012, and the above judgment was finalized on July 27, 2012, and the Seoul High Court sentenced four years of imprisonment with prison labor for robbery and became final and conclusive on August 4, 2012 at the Seoul High Court on July 27, 2012, and was added to “the above judgment became final and conclusive on August 4, 2012” under Article 369 of the Criminal Procedure Act. Thus, it is cited in accordance with Article

Application of Statutes

1. Article 2 (2) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 of the same Act and the Criminal Act;