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.

1. The lower court’s sentence (1,500,000 won) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

On June 16, 2017, the Defendant was sentenced to imprisonment of two years and six months with labor for a violation of the Act on the Protection of Defense, etc. at the Busan District Court on December 1, 2017, and the judgment becomes final and conclusive on December 1, 2017. On the other hand, a crime of violation of the Act on the Protection of Defense, etc. against the Defendant’s offense and a crime of violation of the Act on the Protection of Defense, etc., which became final and conclusive, shall be sentenced to punishment for the crime of the lower judgment in consideration of equity with the case where the Defendant

In this regard, the prosecutor added "Articles 37 and 39 (1) of the Criminal Act" to "Article 37 and Article 39 (1) of the Criminal Act" in the provisions of the law applicable to the indictment of this case in the trial of the party. Of the facts charged, "the defendant was sentenced to imprisonment with labor for a violation of the law of defense in the Busan District Court on June 16, 2017 and was finally decided on December 1, 2017.

“A request for amendments to Bill of Indictment was filed,” and this Court allowed this.

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

3. If so, the judgment of the court below is reversed in accordance with 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 constituting an offense and the summary of the evidence acknowledged by this court is as stated in the first head of the judgment of the court below, and the Criminal Procedure Act is the same as stated in the corresponding column of the judgment of the court below, except for the first head of the court below, on the grounds that “the Defendant was sentenced to two and a half years of imprisonment on June 16, 2017 by a violation of the Act on the Law of Defense and Defense at the Busan District Court, etc. and the judgment became final and conclusive on December 1, 2017.”