Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

2. The appellate court for ex officio judgment shall judge the grounds contained in the grounds for appeal, and it may decide ex officio on the grounds that have an effect on the judgment (Article 364(1) and (2) of the Criminal Procedure Act, even in cases where the grounds for appeal are not included in the grounds for appeal (Article 364(1) and (2) of the Criminal Procedure Act). Meanwhile, the grounds for appeal include “when there is any reason to recognize that the amount of punishment is unreasonable” (Article 361-5 subparag. 15 of the same Act), and as above, the grounds that affect the judgment are not included in the grounds for appeal, but it does not include any limitation that the appellate court may not determine the sentence more favorable to the sentencing of the first trial if only the prosecutor appealed.

Therefore, prior to the prosecutor’s judgment on the grounds for appeal that the sentence of the first instance is too unfasible and unfair, the court of appeals may ex officio determine whether there exists any reason to acknowledge that the sentencing is unfair. In the event of such reason, the court of appeals may reverse the first instance judgment and determine and sentence a minor sentence rather than the sentencing of the first instance judgment (see, e.g., Supreme Court Decisions 80Do2097, Nov. 11, 1980; 2008Do1092, Dec. 9, 2010). Before determining the prosecutor’s wrongful assertion of sentencing based on the foregoing legal principles, the court of appeals ex officio, the court of original instance, and the court of first instance, and the evidence duly adopted and examined at the court of first instance, the crime of this case is deemed to have been committed by the Defendant by driving a motor vehicle, which is an dangerous object, and by adding it to the victim’s convenience vehicle, and the Defendant is in depth of the crime, other than the crime of this case.