The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the sentence of the court below (the fine of 500,000 won) is too heavy.

2. Prior to the judgment on the grounds for appeal, the Defendant was sentenced to imprisonment with prison labor on November 26, 2014 by the Seoul Eastern District Court for two years for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes on the Aggravated Punishment, etc. of Specific Crimes, and the judgment on December 4 of the same year became final and conclusive.

However, since each crime of the judgment of the court below and the above violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which became final and conclusive with respect to the defendant, are concurrent crimes under the latter part of Article 37 of the Criminal Act, punishment for each crime shall be imposed in consideration of equity in the case where the judgment is to be rendered at the same time in accordance with the main sentence of Article 39

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows, without examining the defendant's above grounds for reversal of authority as above.

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by the court and the summary of the evidence are as follows: (a) the defendant was sentenced to two years in Seoul Eastern District Court on November 26, 2014 to imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes on the Aggravated Punishment, etc. of Specific Crimes, and the judgment was finalized on December 4 of the same year; (b) except for addition, it is identical to each corresponding column of the judgment of the court below, and thus,

Application of Statutes

1. Relevant legal provisions and the main sentence of Article 46 (2) 2 and the main sentence of Article 8 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 12987, Jan. 6, 2015) concerning criminal facts;

1. The crimes of the latter part of Article 37 and Article 39(1) of the Criminal Act and judgments have become final and conclusive.