The judgment of the court below is reversed.

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

The defendant does not pay a fine.

1. The main point of the grounds for appeal is that the lower court’s punishment (three million won of fine) is too unreasonable.

2. According to the records of ex officio determination, the Defendant appealed on January 28, 2015 by having been sentenced to imprisonment with prison labor for an injury, etc. at the Busan District Court, but the same court dismissed the Defendant’s appeal on April 10, 2015, and recognized the fact that the said judgment became final and conclusive on April 27, 2015.

As above, punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity in cases where a judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act, with regard to the crimes for which judgment has become final and conclusive and the crimes under the judgment of the court below. Since the application of the statutes of the court below was omitted in the application of such

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows, without examining the defendant's assertion of unfair sentencing.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing reason of Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant is making a confession of the crime of this case, and the equity with the punishment with the crime finalized by the first head as stated in the judgment of the court below should be taken into account, under the favorable circumstances of the defendant, that the defendant did not repay the money obtained by deceit or did not reach an agreement with the victim,