According to the records, the court below sentenced the defendant to a fine of KRW 5 million by applying Article 122 of the Criminal Act as a prosecuted case committed against the defendant on June 30, 2017, and by applying Article 122 of the Criminal Act, and sentenced the above fine of KRW 5 million. The court below determined that the above judgment became final and conclusive upon the lapse of the period of appeal.

However, Article 122 of the Criminal Act provides, "When a public official refuses to perform his/her duties without justifiable cause or abandons his/her duties, he/she shall be punished by imprisonment or imprisonment without prison labor for not more than one year or by a suspension of qualification for not more than three years." Thus, the court below should have selected a sentence against the defendant among "the imprisonment with or without labor for not more

Nevertheless, the judgment of the court below’s selection of a fine not prescribed by statutory penalty and the dismissal of the defendant constitutes a case where the judgment violates the law. The ground of final appeal pointing this out is with merit.

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

Justices Park Young-young

Justices Kim Chang-suk

Justices Lee Dong-won