According to the records, on June 30, 2017, the court below sentenced the defendant to a fine of KRW 5 million by applying Article 122 of the Criminal Act in the defendant's case where he/she abandons his/her duties against the defendant on June 30, 2017, and sentenced to a judgment ordering the conversion of the above fine and provisional payment, and the above judgment became final and conclusive upon the lapse of

However, Article 122 of the Criminal Act provides that a public official who refuses to perform his/her duties or abandons his/her duties without justifiable grounds shall be punished by imprisonment or imprisonment without prison labor for not more than one year or suspension of qualifications for not more

“The lower court should have selected the sentence against the Defendant among “the imprisonment or imprisonment without prison labor for not more than one year or the suspension of qualification for not more than three years”.

Nevertheless, the judgment of the court below's selection of a fine not prescribed by statutory penalty and the punishment of the defendant constitutes a case where the judgment violates the law.

The ground of appeal pointing this out is with merit.

Therefore, the part of the judgment of the court below which imposed a fine on the defendant is reversed. It is so decided as per Disposition by the assent of all participating Justices on the bench.