Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

2. Determination ex officio: To examine ex officio the grounds for appeal for the necessary consideration of concurrent crimes after Article 37 of the Criminal Act.

According to the records, it is recognized that the defendant was sentenced to four years of imprisonment for rape, etc. by the Suwon High Court on May 8, 2020 and the judgment became final and conclusive on July 15, 2020. The crime of this case is in the relation of concurrent crimes between rape, etc. for which the judgment became final and conclusive, Article 37 of the Criminal Act, and the crime of this case is in the relation of concurrent crimes after the latter part of Article 39 (1) of the Criminal Act, and the punishment is determined by considering equity in cases where the judgment is concurrently rendered under Article 39

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, on the ground that there is a ground for reversal ex officio as above, and the judgment below is reversed, and it is again decided as follows.

[Grounds for a new judgment] The summary of the facts constituting a crime and evidence recognized by the core of the facts constituting a crime and the summary of the evidence was determined on July 15, 2020 by the judgment of the court below on May 8, 2020 and sentenced to a four-year sentence of imprisonment for rape, etc. by the Suwon High Court.

With the exception of adding “” as stated in the corresponding column of the lower judgment (Article 369 of the Criminal Procedure Act), the application of statutes is as follows.

1. Article 109(1) of the relevant Act and the former Labor Standards Act (Amended by Act No. 16270, Jan. 15, 2019); Article 44-2(1) of the former Labor Standards Act (Amended by Act No. 16415, Apr. 30, 2019); and each of the options of fines for criminal facts (joint and several liability violations of a direct contractor);

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the reason for the order of provisional payment.