The judgment below

The part against the defendant shall be reversed.

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

The defendant above.

1. The main point of the grounds for appeal is that the lower court’s punishment (2 million won in penalty) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

According to the records of this case, on May 18, 2017, the Defendant was sentenced to imprisonment with prison labor for an attempted special robbery, etc. at the Seoul High Court for a maximum of two years and on July 24, 2017, which became final and conclusive on July 24, 2017. The crime of the judgment of the lower court and the attempted special robbery, etc. of the Defendant, which became final and conclusive with respect to the Defendant, are concurrent crimes after Article 37 of the Criminal Act, and shall be sentenced to punishment for the crime of the lower judgment in consideration of equity with the case where it is judged simultaneously pursuant to the main sentence of Article 39(1) of the Criminal Act. In this regard,

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

[Re-written judgment] The summary of the facts constituting an offense and evidence admitted by this court and the summary of the evidence were the first head of the lower judgment’s criminal facts. The judgment was finalized on July 24, 2017, following the Seoul High Court’s sentence of imprisonment with prison labor for an attempted special robbery, etc. on May 18, 2017, for a maximum of two years and a short of one year and six months.

“A previous conviction in the judgment of the court below” is added at the end of the summary of the evidence of the court below, and except for adding “a criminal records: a criminal records inquiry, investigation report (the progress of a separate trial), and Supreme Court Decision 2017Do8464 and case search (Supreme Court Decision 2017Do8464)” as stated in each corresponding column of the judgment of the court below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

1. The latter part of Article 37 of the Criminal Act, provided that Article 39, Paragraph 1.