The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

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

According to the records of ex officio determination, the defendant was sentenced to eight months in Seoul High Court on March 14, 2013 to imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Seoul High Court on May 23, 2013, and the above judgment became final and conclusive on May 23, 2013. Since each of the instant offenses constitutes concurrent crimes under the latter part of Article 37 of the Criminal Act, a sentence shall be determined after considering equity and the case at the same time under Article 39(1) of the Criminal Act and examining whether to reduce or exempt the sentence. Since the judgment of the court below omitted the processing of concurrent crimes, the judgment of the court below is no longer maintained.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court are as follows: "The defendant was sentenced to eight months of imprisonment at the Seoul High Court on March 14, 2013 due to the violation of the Road Traffic Act (driving) and confirmed on May 23, 2013 at the Seoul High Court on March 14, 2013." The summary of the evidence in the second part is as stated in the corresponding column of the judgment of the court below, except for addition of "1............................. the assistance of the agreement and each judgment" to the summary of the evidence in the second part

Application of Statutes

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, and the selection of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 70 of the Criminal Act for the Detention of Labor House Head.