The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.

2. Examining the record of the instant case’s ex officio determination, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (Composition of Organizations, etc.) at the Incheon District Court on January 23, 2015 at the Incheon District Court on October 21, 201, and such judgment became final and conclusive on April 10, 2015.

Since the crime of violation of the Punishment of Violences, etc. Act (the composition of an organization, etc.) and the crime of this case, in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act, a punishment shall be determined in consideration of equity and the concurrent judgment pursuant to Article 39(1) of the Criminal Act, the judgment of the court below which did not take such a measure

3. Therefore, 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, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are as shown in each corresponding column of the judgment of the court below, except for adding "the defendant was sentenced to one year of imprisonment with prison labor on January 23, 2015 due to a violation of the Punishment of Violences, etc. Act (the composition of an organization, etc.) at the Incheon District Court on January 23, 2015, and such judgment became final and conclusive on April 10, 2015" to "the facts charged by this court and the summary of the evidence as stated in the corresponding column of the

Application of Statutes

1. Article 84 (2) and Article 69 (1) of the Act applicable to facts constituting an offense and Articles 84 (2) and 69 (1) of the Military Service Act selected as a penalty;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The grounds for sentencing under Articles 191(1), 190(1), and the main sentence of Article 186(1) of the Criminal Procedure Act are shown in the records and arguments of this case.