The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (two million won of fine) is too unreasonable.

2. Reviewing the reasoning for appeal ex officio prior to the judgment on the grounds for appeal, the record reveals that the Defendant was sentenced to six months of imprisonment with prison labor for the crime of injury at the Changwon District Court on September 16, 2014 and the judgment became final and conclusive on January 13, 2015. The crime of assault and the crime of bodily injury against the Defendant, for 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 the crime of injury in consideration of equity with the case where the judgment is to be rendered at the same time in accordance with the former part of Article 39(1) of the Criminal Act

3. The judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, on the grounds of ex officio reversal based on the conclusion of the judgment below, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts constituting a crime and the evidence admitted by this court is as follows: “The defendant was sentenced to six months of imprisonment with prison labor for an injury at the Changwon District Court on September 16, 2014, and the above judgment became final and conclusive on January 13, 2015.” The summary of the evidence is as follows: “1. Criminal records in the judgment: the judgment: the judgment (the original method, the High Court Decision 2014No2068); the judgment (the original method; the original method; the Decision 2014No2100; the Supreme Court Decision 2014Do16574); and the printing screen of the criminal justice information system” in the first head of the crime column of the judgment of the court below is as stated in each corresponding column, and it is cited as it is in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant is sentenced to imprisonment for a violent crime in the past.