The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

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 (one million won penalty) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

According to the records, the defendant was sentenced to ten months of imprisonment with prison labor for an injury at the Daegu District Court on October 17, 2019 and the above judgment became final and conclusive on February 14, 2020.

Therefore, since the crime of the judgment of the court below and the above bodily injury 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 Code, punishment for the crime of the court below shall be sentenced in consideration of equity and equality in the case where they are judged at the same time, and in this respect, the judgment of the court below cannot be maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

【Grounds for the Judgment in the Judgment of the court below] Summary of the facts constituting a crime and a summary of the evidence recognized by the court below, the first head of the facts constituting a crime as stated in the judgment of the court below was sentenced on October 17, 2019 to imprisonment with prison labor for an injury at the Daegu District Court for ten months, and the judgment on February 14, 2020 became final and conclusive.

“1. A previous conviction in the judgment of the court below” is the same as the entry in the corresponding column of the judgment of the court below, except for the addition of “1. A final conviction in the summary of the evidence” to “a final judgment and a judgment,” and thus, it is cited by Article 369

Application of Statutes

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the selection of fines concerning the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The following circumstances are the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, and the defendant's age, sex, environment, family relationship, family environment, circumstances, and circumstances after committing the crime.