The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal (5 million won of a fine) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the record reveals that the Defendant was sentenced to a suspended sentence of two years on July 24, 2013 by imprisonment with prison labor for the crime of injury in the former District Court’s Gunsan Branch, etc. on October 1, 2013, and the above judgment became final and conclusive on August 3, 2014. On June 3, 2014, the former District Court sentenced a suspended sentence of one year of imprisonment with prison labor for fraud, etc., and determined on June 11, 2014. As above, the above crime of this case, such as injury for which judgment became final and conclusive, and the crime of this case committed before the said judgment becomes final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and thus, the lower judgment that did not consider the mitigation or exemption of the sentence cannot be upheld, taking into account equity among cases where judgment is to be rendered simultaneously pursuant to Article 39(1) of the Criminal Act.

3. In conclusion, the judgment below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal of the defendant, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the evidence and the criminal facts against the defendant recognized by this court and the summary of the evidence are added to the first criminal facts of the judgment of the court below in addition, "the defendant was sentenced to two years of imprisonment with prison labor for the crime of injury at the Gunsan Branch of the Jeonju District Court on July 24, 2013 and the above judgment became final and conclusive on August 1, 2013." On June 3, 2014, the Jeonju District Court sentenced two years of suspended sentence for one year of imprisonment with prison labor for fraud, etc. at the Jeonju District Court on June 11, 2014." In addition, "1................., criminal records and the results of confirmation before disposition" were added to the summary of evidence as stated in each corresponding column of the court below. Thus, Article 369 of the Criminal Procedure Act is the same.