The judgment below

The part against the defendant shall be reversed.

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

The defendant above.

1. Summary of the grounds for appeal: Sentencing (a fine of seven million won is imposed);

2. On November 28, 2018, the Defendant was sentenced to ten months of imprisonment and two years of suspended execution in Seoul Western District Court for a violation of the Punishment of Violences, etc. Act (joint assault), and the judgment became final and conclusive on December 6, 2018.

The crimes of violation of the Punishment of Violences, etc. Act (joint assault) against the defendant, which became final and conclusive as above, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and shall be sentenced to punishment for each crime as stated in the judgment of the court below in consideration of equity with the case where a concurrent judgment is to be ruled pursuant to the main sentence of Article 39

Therefore, the part of the judgment of the court below against the defendant cannot be maintained as it is.

3. 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 part of the judgment below against the defendant is reversed, and it is again decided as follows through pleading.

[Along with the reasoning of the judgment of the court below, the summary of the criminal facts and evidence against the defendant recognized by this court is as stated in each corresponding column of the judgment of the court below, except for the first head of the judgment of the court below to add "a defendant is sentenced to 10 months of imprisonment with prison labor for a crime of violation of the Punishment of Violences, etc. Act (joint Violence) at the Seoul Western District Court on November 28, 2018 and two years of suspended execution, and the judgment became final and conclusive on December 6, 2018."

Application of Statutes

1. Article 276 (1) of the Criminal Act, Article 276 (1) of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. and Article 21 (1) of the Act on the Punishment of Acts of Arranging Sexual Traffic concerning the crime, the selection of a fine for negligence;

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

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.