The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,500,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the sentencing of the lower court (2.5 million won of fine) is too unreasonable.

2. Prior to the judgment on the Defendant’s assertion of unfair sentencing ex officio, the record reveals that the Defendant was sentenced to six months of imprisonment on September 7, 201 by the Daejeon District Court for a violation of the Act on the Control of Narcotics, Etc. (fence) and the said judgment became final and conclusive on March 15, 2012. As such, since the crime of violation of the Act on the Control of Narcotics, etc. (fence) and the instant bodily injury, etc., for which the judgment became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, the sentence shall be determined after examining the case of concurrent judgment and equity and the case of mitigation or exemption pursuant to Article 39(1) of the Criminal Act. As such, the lower court, which did not take such measures

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

Criminal facts

In addition to adding "the defendant was sentenced to six months of imprisonment with prison labor at the Daejeon District Court on September 7, 201 as a crime of violating the Act on the Control of Narcotics, etc., and the judgment became final and conclusive on March 15, 2012," the summary of the facts and the evidence acknowledged by this court is identical to each corresponding column of the judgment of the court below. Thus, it is cited in accordance with Article 369 of the Criminal Procedure Act in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 257 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, Article 366 of the Criminal Act, the selection of fines for the crime, Article 257 (1) of the Criminal Act, Article 36 of the Criminal Act, and Article 256

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

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;