Defendant shall be punished by a fine of KRW 1,000,000.

The defendant does not pay the above fine.

The sentence of the court below (2 million won of fine) is too unreasonable.

According to the records of ex officio determination, the Defendant was sentenced to six months of imprisonment due to indecent act by force, etc. in the Daejeon District Court’s branch on July 25, 2013, on July 30, 2013, and on July 30, 2013, and the Defendant committed the instant crime before the said judgment becomes final and conclusive. As such, the crime for which judgment became final and the instant crime are concurrent crimes under the latter part of Article 37 of the Criminal Act, and should be determined after examining whether to reduce or exempt punishment by taking into account equity and cases where a judgment is rendered simultaneously pursuant to Article 39(1) of

Therefore, the judgment of the court below which did not consider this was no longer maintained.

The judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court below is reversed, and the following is again decided after oral argument.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are as follows: "The defendant was sentenced to six months of imprisonment on July 25, 2013 from the Daejeon District Court's Branch of the Daejeon District Court's Incheon District Court on July 25, 2013 and the judgment became final and conclusive on July 30, 2013," and "1. Residents' Inquiry" was added to the summary of the evidence.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act (Fraud) and the selection of fines for the crime;

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

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

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

1. Sentencing Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be imposed.