The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

【Judgment on Grounds for Appeal】

1. The court below's punishment (one million won of fine) against the defendant in summary of the grounds for appeal is too unreasonable.

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

Where concurrent crimes prescribed by the latter part of Article 37 of the Criminal Act before a judgment of the first instance was rendered after the judgment of the appellate court was rendered and a final and conclusive judgment to sentence punishment was rendered pursuant to Article 39(1) of the Criminal Act, the appellate court shall ex officio reverse the judgment of the first instance and

(see, e.g., Supreme Court Decisions 2010Do15253, Jan. 13, 2011; 2012Do9295, Sept. 27, 2012). According to the records, the Defendant was sentenced to six months of imprisonment with prison labor at the Seoul Central District Court on Jan. 28, 2014; and on May 23, 2014, the said judgment became final and conclusive. Thus, the crime of this case for which the said judgment became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act.

Therefore, the judgment of the court below can no longer be maintained in this respect, since the punishment is to be determined in consideration of equity in the case of concurrent judgment pursuant to Article 39(1) of the Criminal Act by reversal ex officio.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and it is again decided as follows.

[Grounds for the judgment of the court] The criminal facts and the summary of the evidence admitted by the court and the summary of the evidence are all criminal facts of the judgment of the court below. "The defendant was sentenced to six months of imprisonment with prison labor at the Seoul Central District Court on January 28, 2014, and the above judgment became final and conclusive on May 23, 2014," and the summary of the evidence is the same as the statement corresponding to each corresponding column in the judgment of the court below, except for adding "materials to submit to the prosecution office" to the summary of the evidence. Thus, Article 369 of the Criminal Procedure Act is applicable.