The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

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 (one million won of a fine) is too unreasonable.

2. Before determining the grounds for appeal ex officio, prior to the judgment on the grounds for appeal, the Defendant was sentenced on September 20, 201 to two years by imprisonment for a violation of the Act on the Control of Narcotics, Etc. (fence) in the Cheongyang Branch of the District Court on September 20, 2019 and the judgment became final and conclusive on February 22, 2020.

The crime of the lower court and the crime for which the said judgment has become final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment shall be determined after considering equity and mitigation or exemption of punishment pursuant to Article 39(1) of the Criminal Act in a concurrent crime relationship under Article 39(1) of the Criminal Act. As such,

3. Accordingly, 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, and the judgment below is reversed and it is again decided as follows.

[Discied reasoning of the judgment below] The summary of criminal facts and evidence admitted by this court is added to "the defendant was sentenced to two years from September 20, 2019 to imprisonment with prison labor for a violation of the Narcotics Control Act, etc. (fence) in the Goyang Branch of the Jung-gu District Court on the ground that the judgment was finalized on February 22, 2020." The summary of the evidence is the same as that of the judgment of the court below, except for adding "1. previous conviction in the judgment: the defendant's trial statement at the court below and the case search" at the end of the evidence. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

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 concerning concurrent crimes;

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

1. Article 334(1) of the Criminal Procedure Act does not focus on the degree of assault inflicted by a victim for sentencing, and the circumstances leading to the crime.