The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

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 (three million won of a fine) is too unreasonable.

2. We examine ex officio the defendant's grounds for appeal prior to the judgment ex officio.

According to the evidence duly adopted and examined by the court below and the court below, the defendant was sentenced to two years of suspension of execution on November 27, 2015 to a violation of the Military Service Act by the Ulsan District Court for eight months, and the judgment became final and conclusive on December 5, 2015, and the defendant was sentenced to three years of suspension of execution on May 4, 2016, and the judgment became final and conclusive on May 12, 2016. Since each of the above crimes in the judgment of the court below against the defendant and each of the above crimes in which the judgment of the court below became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act and should be sentenced to punishment for each crime in consideration of equity with the case where it is judged at the same time in accordance with the main sentence of Article 39(1) of the Criminal Act, the judgment of the court below cannot be maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is ruled as follows through pleading.

[C] The summary of the facts constituting an offense and evidence recognized by the court of this Court is the first head of the facts constituting an offense, and the summary of the facts constituting an offense is as follows: “The defendant was sentenced by the Ulsan District Court on November 27, 2015 to a two-year suspended sentence for a violation of the Military Service Act on December 5, 2015, and the above judgment became final and conclusive on May 12, 2016 due to a violation of the Punishment of Violences, etc. Act (joint injury) on May 4, 2016.” The above judgment was final and conclusive on May 12, 2016 after being sentenced to a three-year suspended sentence for a two-year suspended sentence for a violation of the Act on Punishment of Violences, etc. on May 12, 2016.” This is the same as the corresponding column of the judgment of the court below on May 12, 2016, except for adding “1. The