2. Judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) of each sentence imposed by the lower court on the Defendant (in the first instance court: 10 months of imprisonment, and in the second instance: 1,00,000 won) is too unreasonable.

2. Determination

A. In light of the circumstances asserted by the Defendant on the grounds of appeal, the first instance judgment and the second instance judgment did not seem to be unfair since there was no change in circumstances that may be considered in sentencing after the first instance judgment on the part of the lower judgment regarding the first instance judgment, and considering the records and changes in the records of this case, considering the circumstances alleged by the Defendant on the grounds of appeal ( although the first instance judgment and the second instance judgment were merged in the trial, the first instance judgment and the second instance judgment were consolidated, but the final judgment on the facts constituting the first instance judgment during the first instance judgment and the second instance judgment during the crime of the second instance judgment, are final and conclusive and conclusive, and each single sentence is punished. (b) The above reasons for the second instance judgment on the part of the second instance judgment are not deemed to be grounds for ex officio reversal.

According to the records, the defendant was sentenced to six months of imprisonment with prison labor for assault in the Incheon District Court Branch on April 3, 2015, and the judgment became final and conclusive on June 27, 2015. The above crime and the crime of this case, for which judgment became final and conclusive, are concurrent crimes with a group of concurrent crimes after Article 37 of the Criminal Act, and should be sentenced to punishment for the crime of this case by considering equity and concurrent judgment pursuant to Article 39(1) of the Criminal Act. Therefore, the judgment of the court below cannot be maintained in this respect.

3. In conclusion, the judgment of the court below 2 is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing as to this part, and the judgment below 2 is reversed, and the defendant's appeal against the judgment of the court below 1 is without merit. Thus, the judgment of the court below 364 (4) of the Criminal Procedure Act is reversed, and the defendant's appeal against the judgment of the court below 1.