The judgment below

The part on violation of the Punishment of Minor Offenses Act is reversed, and this part of the case is remanded to the Gwangju District Court.

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the grounds of appeal by the Defendant in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found the Defendant guilty of all the facts charged in the instant case on the grounds as stated in its reasoning, and contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the bounds of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on

2. As to the reasons for the prosecutor’s appeal, Article 70(1) of the Criminal Act provides that “In the event a sentence of penalty or minor fine is imposed, the period of detention shall be fixed and sentenced simultaneously.

As stated in ", where a court issues a fine to the defendant, it shall simultaneously sentence the disposition of custody of the person to whom the punishment is imposed."

In such a case, the lower court found the Defendant guilty of violating the Punishment of Minor Offenses Act among the facts charged in the instant case, and sentenced a fine of 300,000 won following the selection of the fine, and did not make any decision on the period of custody when the fine is not paid. Therefore, it constitutes an error in the procedure of a judgment imposing a fine.

The prosecutor's ground of appeal pointing this out is with merit.

3. In conclusion, among the crimes of this case, each of the crimes of this case except the crime of violation of the Punishment of Minor Offenses Act and the crime of violation of the Punishment of Minor Offenses Act are concurrent crimes under the former part of Article 37 of the Criminal Act. However, in the court below, the court below sentenced the fine for the crime of violation of the Punishment of Minor Offenses Act, and sentenced the imprisonment for the remaining crimes except the crime of violation of the Punishment of Minor Offenses Act, and sentenced the other kinds of punishment concurrently. Thus, the part of the court below's judgment on the violation of the Punishment of Minor Offenses Act is reversed, and the corresponding part of the case is remanded to the court below for further proceedings consistent with this Opinion