Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the Defendant was sentenced to imprisonment with prison labor for one year and two months in Seosan Branch of the Daejeon District Court on August 11, 2017. On December 28, 2017, the above judgment became final and conclusive on December 28, 2017. The above crime and the crime in the judgment of the court below, for which the judgment became final and conclusive, are in the relation of concurrent crimes under Article 39(1) of the Criminal Act, and are determined by the punishment for the crime in the judgment of the court below, taking into account the case where the judgment is concurrently rendered and equity under Article 39(1) of the Criminal Act.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

[Majority Opinion] The summary of the facts constituting a crime and evidence admitted by this Court is the first head of the lower judgment’s criminal facts and the summary of the evidence. “Defendant was sentenced to imprisonment with prison labor for one year and two months in Seosan Branch of the Daejeon District Court on August 11, 2017, and the said judgment became final and conclusive on December 28, 2017.

“1. Before the judgment,” the summary of the evidence is as stated in the corresponding column, except for the addition of “1. Before the judgment: the date of confirmation and the text of the judgment,” and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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 Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, recognizes and reflects the instant crime, and the amount of the instant damage is insignificant.