The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to four million won) is too unreasonable.

2. We examine ex officio the grounds for appeal by the defendant prior to the judgment.

According to the evidence duly adopted and examined by the trial court, the defendant was sentenced to a suspended sentence of five years for a crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special rape) at the Seoul High Court on September 29, 2016, and the above judgment was finalized on October 7, 2016. On November 2, 2016, the defendant was sentenced to a suspended sentence of five years for a crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the above judgment was finalized on January 12, 2017 by being sentenced to the imprisonment of four months for larceny from the Suwon

Therefore, since the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special rape) for which judgment became final and conclusive, and the crime of larceny and the crime of larceny and the defendant in the original judgment against the defendant are concurrent crimes after Article 37 of the Criminal Act, a punishment for the crime in the original judgment shall be imposed in consideration of equity with the case where judgment is to be rendered at the same time in accordance with Article 39(1) of the Criminal Act

3. Thus, the judgment of the court below is reversed in accordance with 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.

[Judgment] The summary of criminal facts and evidence admitted by the court is the first head of “criminal facts” as stated in the judgment of the court below, and “the defendant was sentenced by the Seoul High Court on September 29, 2016 to five years of suspended sentence of imprisonment for a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special rape) and the judgment on October 7, 2016 became final and conclusive on October 2, 2016. On November 2, 2016, the above judgment was sentenced to four months of imprisonment for larceny from the source of handwritten method to be stolen and became final and conclusive on January 12, 2017.

“A summary of the evidence” and “a summary of the evidence” respectively, and “a copy of each judgment and a summary information of each case,” respectively.