The judgment of the court below is reversed.

Defendant shall be punished by a fine of eight million won.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the grounds of appeal (a fine of KRW 10 million) is unreasonable as it is excessively unreasonable.

2. According to the records of ex officio determination, the Defendant was sentenced to eight months of imprisonment with labor for special intimidation or assault in this Court case on December 15, 2017, which became final and conclusive on July 6, 2018 (this Court Decision 2018No45, Supreme Court Decision 2018Do8097). Since the crime in the judgment of the court below is in the relation of concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of special intimidation, etc. for which the judgment of the court became final and conclusive under Article 39(1) of the Criminal Act, a punishment shall be determined after considering the case of concurrent judgment and equity and considering the mitigation or exemption of punishment, and in this respect, the judgment of the court below cannot be maintained any more.

3. According to the conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, which omitted the judgment on the defendant's assertion of unfair sentencing, on the ground of ex officio reversal, and the following decision is again rendered

[C] The summary of the facts of the crime and the evidence admitted by the court below is identical to the facts of the crime in the judgment of the court below, and the summary of the evidence is cited as it is in accordance with Article 369 of the Criminal Procedure Act, except where "the defendant was sentenced to eight months of imprisonment for special intimidation or assault on December 15, 2017 and the above judgment became final and conclusive on July 6, 2018" is added to the summary of the evidence.

Application of Statutes

1. Relevant Article 231 of the Criminal Act concerning the facts constituting an offense, and Articles 234 and 231 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act competition among the crimes of uttering of a falsified investigative document;

1. Selection of each alternative fine for punishment;

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

1. The former part of Article 37 of the Criminal Code among concurrent crimes.