The judgment of the court below is reversed.

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

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 (3 million won in penalty) is too unreasonable.

2. The Defendant, ex officio, was sentenced to ten months of imprisonment by the Daegu District Court on January 7, 2016, and the judgment became final and conclusive on June 17, 2016. As such, the crime of insult, etc. against the Defendant, which became final and conclusive on June 17, 2016, should be sentenced to punishment for each crime as indicated in the judgment of the lower court in consideration of equity among the cases where a judgment is to be rendered simultaneously pursuant to the main sentence of Article 39(1) of the Criminal Act in relation to the crime of insult, etc., which became final and conclusive on June 17, 2016.

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 assertion 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 recognized by this Court and the evidence related thereto was determined on January 7, 2016 by the Daegu District Court sentenced the Defendant to imprisonment with prison labor for not more than ten months due to insult, etc., and the judgment became final and conclusive on June 17, 2016.

Except for the addition of “,” it is identical to the description in each corresponding column of the lower judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 314(1) of the Criminal Act, Article 311 of the Criminal Act, Article 311 of the Criminal Act, and the selection of fines for a crime;

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. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [to the extent that the aggregate of the amounts of concurrent crimes committed by a person interfering with heavier duties (the above two crimes shall be added up)];

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is against the Defendant’s confession of the facts charged.