On September 3, 2019, the lower court found the Defendants guilty of both the charges of special larceny against the Defendants, obstruction of business to Defendant A, and the charges of larceny. In applying Article 331(2) and (1) of the Criminal Act stipulating special larceny, the lower court punished Defendant A as a fine of KRW 1.5 million against Defendant B, and punished as a fine of KRW 1.5 million against Defendant B, and the said summary order became final and conclusive after the period for filing an application for formal trial expires.

The statutory punishment for special larceny, which is established when two or more persons jointly steals another's property, is "a prison term of not less than one year but not more than ten years" (Article 331(2) and (1) of the Criminal Act). The above imprisonment does not constitute a penalty that can be punished through a summary order (Article 501-2(1) of the Military Court Act). The defendant's case cannot be considered as a summary order. Therefore, the lower court should have tried the defendant's case in accordance with Article 501-4 of the Military Court Act.

Nevertheless, the lower court’s selection of a fine for special larceny of the Defendants, which is not prescribed as a statutory penalty, and punishing the Defendants as a fine through a summary order, constitutes a case where the judgment violates the law.

The ground of final appeal assigning this error is justified.

Therefore, the original court shall reverse the part of the punishment of the Defendants as a fine through a summary order. It is so decided as per Disposition by the assent of all participating Justices on the bench.