A defendant shall be punished by imprisonment for not less than one year and six months.

A. In light of the overall circumstances of the instant case, the first instance court’s sentence (a fine of eight million won) imposed on the Defendant is too uneasible and unfair.

B. In light of the overall circumstances of this case, the punishment imposed by the second court (one year and six months of imprisonment) on the Defendant is too unreasonable.

2. Before making ex officio judgment on the grounds for appeal by the prosecutor and the defendant, the first and second court ex officio examined the defendant's grounds for appeal by the court below, and sentenced the defendant to a fine of KRW 8 million for the former, and the latter to a fine of KRW 201, KRW 2859, KRW 3725, KRW 201, KRW 101, KRW 2012 and KRW 1012 for the latter. The prosecutor filed an appeal against the judgment of the court of first instance against the judgment of the court of first instance, and the court of second and the court of second trials decided to jointly examine the above two appeals. Since each offense against the defendant is in a concurrent relationship under the former part of Article 37 of the Criminal Act, it is difficult to maintain the judgment of the court of second and the judgment of the court below as to the defendant, since it is not possible to maintain the judgment of the court of second and a concurrent crime under Article 38(1) of the Criminal Act, and thus, it cannot be deemed that the crime of injury and the punishment cannot be imposed as a concurrent crime.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for ex officio reversal, and the judgment below is again decided as follows.

Criminal facts

The substance of the facts charged and the summary of the evidence recognized by the court.