The judgment of the court below is reversed.

The sentence against the accused shall be determined by a fine of KRW 3,00,000.

Defendant. A fine.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

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

According to the records, on September 29, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Punishment of Violences, etc. (joint conflict) at the Seoul Northern District Court (Seoul Northern District Court), and the judgment became final and conclusive on April 13, 2017.

The crime of the judgment of the court below against the defendant and the violation of the Punishment of Violences, etc. Act (joint conflict) are concurrent crimes of the latter part of Article 37 of the Criminal Act.

This court is obliged to reverse the judgment of the court below on the ground that the punishment is to be determined in consideration of equity in the case where the judgment is to be rendered simultaneously in accordance with Article 39(1) of the Criminal Act.

3. The judgment of the court below is reversed ex officio.

In accordance with Article 364(2) of the Criminal Procedure Act, the judgment of the court below shall be reversed without making a decision on the unfair argument of sentencing by the defendant and the prosecutor, and the following decision shall be rendered again after pleading.

Criminal facts

The summary of the crime and evidence against the defendant recognized by this court was sentenced to one year of imprisonment with prison labor due to a violation of the Punishment of Violence, etc. Act (joint conflict) at the Seoul Northern District Court on September 29, 2016, and the judgment was finalized on April 13, 2017.

Except for the addition of “the pertinent column of the lower judgment,” it is identical to the description in each corresponding column of the lower judgment, thereby citing it as is in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article 152 of the Criminal Act applicable to the crime, Article 152 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Articles 153 and 55 (1) 6 of the Criminal Act to mitigate confessions;

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

1. The crime of this case on the grounds of sentencing of Articles 70(1) and 69(2) of the Criminal Act with the detention of a workhouse is a false statement in the court, thereby undermining the discovery of substantial truth and undermining the justice.