The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. Even if the Defendant received a written notification of the receipt of the trial record on September 6, 2018, the Defendant did not submit the statement of grounds for appeal by the time the written notification was not timely filed.

According to the evidence duly adopted and examined by the lower court and the lower court, the Defendant was sentenced to eight months of imprisonment with prison labor for the crime of injury, etc. at the Busan District Court’s Branch Branch on May 2, 2018, and the judgment became final and conclusive on July 28, 2018. Therefore, inasmuch as the crime of insult and the crime of injury, etc. against the Defendant, which became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and should be sentenced to punishment for the crime of insult of this case in consideration of equity in cases where the judgment is to be rendered simultaneously pursuant to the former part of

In this regard, the prosecutor added to the facts charged in the indictment of this case against the defendant on May 2, 2018, "the defendant of criminal records was sentenced to eight months of imprisonment with prison labor for the crime of injury, etc. in the Busan District Court's branch branch court, and the above judgment became final and conclusive on July 28, 2018," and applied for permission to amend the indictment to add "Articles 37 and 39 (1) of the Criminal Act" to applicable provisions of law, and this court permitted this.

In this respect, the judgment of the court below cannot be maintained as it is.

2. In conclusion, 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.

[C] The facts constituting a crime acknowledged by this Court is identical to the corresponding column of the judgment of the court below, except for adding "the defendant of criminal records was sentenced to eight months of imprisonment with labor for an injury, etc. on May 2, 2018 at the Busan District Court Western Branch Branch of the Busan District Court, which became final and conclusive on July 28, 2018" to the first head of the "criminal facts" of the judgment of the court below. Thus, it is acceptable as it is in accordance with Article 369 of the Criminal Procedure Act.

Summary of Evidence

The gist of the evidence recognized by this Court is the judgment of the court below.