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

The above fine shall not be paid by the defendant.

2. In a case where a final and conclusive judgment becomes final and conclusive pursuant to Article 39(1) of the Criminal Act, which is concurrent crimes prescribed in the latter part of Article 37 of the Criminal Act before a judgment of the appellate court was rendered ex officio prior to the judgment of the court of first instance, after the judgment of the appellate court was rendered, the appellate court shall ex officio reverse the judgment of the court of first instance, and review and make a decision again (see, e.g., Supreme Court Decisions 2010Do15253, Jan. 13, 2011; 2012Do9295, Sept. 27, 2012). According to the records, the defendant was sentenced to six months imprisonment with prison labor at the Suwon District Court on Oct. 16, 2013, and the above judgment can be recognized that the dismissal of the final and conclusive judgment of the Supreme Court on Mar. 14, 2014 becomes final and conclusive by a judgment of the appellate court.

Therefore, the judgment of the court below can no longer be maintained in this respect, since the punishment is to be determined in consideration of equity in the case of concurrent judgment pursuant to Article 39(1) of the Criminal Act by reversal ex officio.

3. In conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the criminal facts and evidence of the defendant recognized by the court is identical to the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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