All judgment of the court below shall be reversed.

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

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Defendant (the second judgment of the court below)’s punishment (the fine of two million won) sentenced by the second court is too heavy.

B. The prosecutor (as to the judgment of the court of first instance)’s punishment (as to the judgment of the court of first instance), which the court of first instance pronounced, is too minor.

2. Prior to the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio determination, the first and second judgment against the defendant were sentenced by the prosecutor, and the prosecutor filed an appeal against the second judgment against the defendant, and this court decided to hold two appeals jointly. The first and second judgment against the defendant is a concurrent crime under Article 38(1) of the Criminal Act in relation to each of the crimes under the former part of Article 37 of the Criminal Act, and thus, the first and second judgment cannot be maintained as they are.

3. According to the conclusion, the judgment of the court below Nos. 1 and 2 is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining each of the grounds for unfair sentencing by the defendant and the prosecutor, and the following is again decided upon

[C] The summary of the facts constituting a crime and evidence recognized by this court is as stated in each corresponding column of each judgment of the court below, except for the deletion of "the defendant is under suspension of execution after being sentenced to four months of imprisonment and two years of suspension of execution in Busan District Court on November 29, 2017 due to injury, etc." in the first head of each judgment of the court of first instance, since it is the same as stated in each corresponding column of each judgment of the court below, in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 261 and 260 (1) of the Criminal Act (the point of special violence), Articles 46 (2) 1 and 8 (2) 1 (the point of abuse of animals) of the Animal Protection Act, and the selection of fines for each crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.