The judgment of the court below and the judgment of the court below are all reversed.

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

Defendant.

1. The sentencing of the lower court (the first instance judgment: the fine of KRW 4 million; the fine of KRW 200,000, the second instance judgment: the fine of KRW 1.5 million) based on the summary of the grounds for appeal is too unreasonable.

2. Ex officio determination

A. We examine ex officio prior to the judgment on the grounds for appeal.

The judgment of the court of first instance and the judgment of the court of second instance rendered a judgment on the defendant, and the defendant filed each appeal, and the court decided to jointly examine the above cases.

The judgment of the court below in the first and second instances should be sentenced to one punishment in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the judgment of the court below can no longer be maintained.

B. In addition, according to the records, the Defendant was sentenced to six years of imprisonment with prison labor at the Daejeon District Court on September 26, 2014 and the said judgment became final and conclusive on April 28, 2015.

As the crime of murder and the crime of attempted murder for which judgment has become final and conclusive, each of the crimes of this case shall be sentenced to punishment for the crime of this case in consideration of equity in cases where judgment is to be rendered at the same time in accordance with Article 39(1) of the Criminal Act with regard to concurrent crimes under the latter part of Article

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment of the court below and the judgment of the court of first instance are reversed in accordance with Article 364(2) without examining the defendant's assertion of unfair sentencing.

Criminal facts

The summary of the facts constituting a crime and evidence added "the defendant was sentenced to six years of imprisonment with prison labor for the crime of attempted murder at the Daejeon District Court on September 26, 2014, and the judgment became final and conclusive on April 28, 2015" to the first head of the facts constituting a crime, deleted "06:40" of the first instance judgment (2014 High Court Decision 2015Ma1566), and "1. In addition, the summary of the evidence is identical to the corresponding column of the judgment of the court below except for adding "a copy of the judgment of the Daejeon District Court (Seoul District Court Decision 2014Da189, Daejeon High Court 2014No480)" and "a consolidated case inquiry" as it is in accordance with Article 369 of the Criminal Procedure Act.