The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

1. In light of the summary of the grounds for appeal (e.g., in depth of the Defendant’s mistake, and the fact that the Defendant is serving a prison term after being sentenced to other crimes, the sentence of the lower court (e.g., a fine of KRW 300,000) is too unreasonable.

2. According to the records and arguments of this case ex officio prior to the judgment on the grounds for appeal by the defendant's ex officio, the defendant was sentenced to two years of imprisonment by the Incheon District Court on April 19, 2012, and the defendant appealed from the appeal on August 17, 2012; however, the defendant appealed from the appeal on August 17, 2012, but the judgment of the first instance court became final and conclusive around the time when the decision of dismissal of appeal was rendered on October 2012. Thus, since the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thththth) and the crime of this case are concurrent crimes provided for in the latter part of Article 37 of the Criminal Act, the judgment of the court below should be considered at the same time with the crime for which the judgment became final and conclusive pursuant to Article 39 (1) of the Criminal Act in determining the punishment for the crime of this case. In this regard, the reversal

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

Criminal facts

The substance of the facts charged and the summary of the evidence admitted by this court are as follows. The first head of the judgment of the court below added "the defendant was sentenced to two years of imprisonment by the Incheon District Court on April 19, 2012 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thth thief)" to "the above judgment became final and conclusive on October 2012." In addition, the summary of the evidence in the judgment of the court below is to add "1. previous conviction in the judgment of the court below"