The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months and a fine of up to seven million won.

The above fine shall be imposed on the defendant.

1. The summary of the grounds for appeal: The lower court’s imprisonment with prison labor for not less than six months, suspension of execution of two years, fine of eight million won, additional collection of 3850,000 won) is too unreasonable.

2. Before examining the grounds for appeal of unfair sentencing by the Defendant’s ex officio determination, the lower court acknowledged that the Defendant was guilty of all the charges of this case against the Defendant on July 23, 2008 by applying Article 2(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes as well as Article 2(5) of the attached Table of the lower judgment.

However, since the above crime was committed before the enactment of Article 2(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes by Act No. 9169 on December 26, 2008, it was erroneous to concurrently impose a fine pursuant to the above provision.

Therefore, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's grounds for appeal on the grounds of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

[D.] The main points of criminal facts and evidence recognized by the court are as stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 129(1) of the Criminal Act for the selection of punishment for the crime (the points of acceptance of bribe from J, M, N, andO shall be covered by each donor, with respect to the rest of the crime except for the crime specified in paragraph (5) of the attached Table on the Aggravated Punishment, etc. of Specific Crimes)

1. From among concurrent crimes, the former part of Articles 37, 38 (1) 2, and 50 of the Criminal Act (aggravating concurrent crimes with the punishment specified in the crime of acceptance of bribe that is received from the largestO);

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

1. Article 62(1) of the Criminal Act of the suspended execution is as follows.