The judgment of the court below is reversed.

The defendant shall be exempted from punishment.

1. The summary of the grounds for appeal (the fine of KRW 500,000) of the lower court is too unreasonable.

2. According to the ex officio determination records, the Defendant was sentenced to one year of imprisonment with prison labor for assault, etc. at the Seoul Northern District Court on May 11, 2018 and the judgment became final and conclusive on October 26, 2018.

Therefore, inasmuch as the Defendant’s instant crime and the crime of assault, etc. are concurrent crimes under the latter part of Article 37 of the Criminal Act, punishment shall be determined by taking account of equity in the case where the judgment is rendered simultaneously pursuant to Article 39(1) of the Criminal Act (see, e.g., Supreme Court Decision 2008Do209, Oct. 23, 2008). Thus, the lower judgment was no longer maintained.

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 assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.

[Grounds for the judgment of the court below] The summary of facts constituting a crime and the evidence admitted by the court below and the summary of the evidence are as follows: in addition to adding "the defendant was sentenced to one year of imprisonment by assault, etc. at the Seoul Northern District Court on May 11, 2018 and the judgment became final and conclusive October 26, 2018" to "the defendant was sentenced to one year of imprisonment by assault, etc. at the Seoul Northern District Court on May 11, 2018, it is identical to each corresponding column of the judgment of the court below

Application of Statutes

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The proviso of Article 39 (1) of the Criminal Act exempted from punishment (it is reasonable to exempt the punishment in respect of this case, taking into account the equity between the previous conviction and the case sentenced simultaneously with the previous conviction on the market);