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 summary of the grounds for appeal (e.g., a fine of 4 million won) of the lower court is too unhued and unreasonable.

2. Ex officio determination

A. In light of the language, legislative intent, etc. of the relevant legal doctrine and the latter part of Article 37 and Article 39(1) of the Criminal Act, if a crime for which judgment has not yet been rendered could not be judged concurrently with the crime for which judgment has already become final and conclusive, the relationship of concurrent crimes under the latter part of Article 37 of the Criminal Act cannot be established, and it is reasonable to interpret that a sentence may not be imposed or the sentence may not be mitigated or exempted in consideration of equity and equity

On the other hand, Article 38 of the Criminal Act is not applicable to several crimes which have not yet been adjudicated before and after the final judgment became final and conclusive, since there is no final and conclusive judgment on the grounds that the crimes committed before and after the final and conclusive judgment cannot be judged concurrently with the crimes for which the final and conclusive judgment became final and conclusive, among several crimes, the relation of concurrent crimes under the former part of Article 37 of the Criminal Act is recognized and Article 38 of the Criminal Act is not applicable.

(See Supreme Court Decision 2014Do469 Decided March 27, 2014, etc.). B.

The judgment in this case 1) was made ex officio prior to the prosecutor's judgment on the grounds for appeal, and the defendant was sentenced to six months of imprisonment with prison labor for special intimidation at the Daejeon District Court on November 16, 2016 and two years of suspended execution, and the above judgment was made on November 24, 2016. On March 23, 2017, the same court was sentenced to eight months of suspended execution, two years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint intimidation) and the above judgment was made on August 25, 2017. However, on August 25, 2017, the above judgment was made final and conclusive (the crime of joint intimidation was committed before November 24, 2016, which is the date when the judgment of the above special intimidation became final and conclusive) and each of the crimes of this case committed by the defendant after November 24, 2016, which is the date when the judgment of the above special intimidation became final and conclusive.