The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,500,000.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

The punishment (a fine of three million won) imposed on the defendant by the court below is too unreasonable.

Before determining the grounds for appeal by a defendant ex officio, the term “a crime for which judgment to be sentenced by imprisonment without prison labor or a heavier punishment has become final and the crime committed before such judgment has become final and conclusive” falls under concurrent crimes provided for in the latter part of Article 37 of the Criminal Act. In such cases, with respect to a crime for which judgment has not been rendered among concurrent crimes pursuant to Article 39(1) of the Criminal Act, a sentence shall be imposed in consideration of equity and the case for which judgment has become final and conclusive at the same time. Furthermore, even where multiple crimes for which judgment has become final and conclusive have become final and conclusive, all of the crimes for which judgment has become final and conclusive and the crime for which judgment has been committed before such judgment has become final and conclusive shall be considered as concurrent crimes under the latter part of Article 37 of the Criminal Act. In such cases, a sentence shall be imposed

(2) On October 15, 2010, the Defendant was sentenced to imprisonment on November 23, 2008 (see, e.g., Supreme Court Decision 2008Do209, Oct. 23, 2008). According to the records of this case, on November 12, 2009, the Seoul Central District Court rendered a final and conclusive judgment on February 25, 2010 (hereinafter referred to as the “instant judgment”); (a) on June 16, 2010, the Seoul Central District Court sentenced six months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; (b) on October 15, 2010 (hereinafter referred to as the “instant judgment”); and (c) on October 17, 2013, the instant judgment was rendered on January 17, 201; and (d) on October 20, 2018, each of the instant Special Act and the Road Traffic Act violations (no license).