The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

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. According to the records of this case’s ex officio determination, the Defendant was sentenced to eight months of imprisonment with prison labor for special injury, etc. at the Gwangju District Court on May 18, 2017, and the judgment became final and conclusive on July 17, 2017. As such, the crime of special intimidation and the above special injury, etc. against the Defendant, which became final and conclusive on July 17, 2017, are in a concurrent relationship with the Defendant after Article 37 of the Criminal Act, and the Defendant determined a punishment for the instant special intimidation by taking account of equity with the case to be judged at the same time pursuant to the first sentence of Article 39(1) of the Criminal Act, and thus, the lower judgment

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.

Criminal facts

The summary of the facts charged by this court and the summary of its evidence are as shown in each corresponding column of the lower judgment, except for adding “the Defendant was sentenced to eight months of imprisonment for special injury, etc. at the Gwangju District Court on May 18, 2017 and the said judgment became final and conclusive on July 17, 2017” to the first head of the facts charged on the first page of the lower judgment’s sentence. As such, it is likewise cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 284 of the Criminal Act, Articles 283(1) and 283 of the Criminal Act, the choice of fines concerning the crime, and the selection of fines;

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are disadvantageous to the defendant, is that the defendant has been punished several times for the same kind of crime.

On the other hand, the defendant recognized the crime of this case, and the defendant is in the trial.