The judgment of the court below is reversed.

Defendant shall be punished by a fine of seven 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 (one million won of fine) is too unreasonable.

2. On September 23, 2020, the Defendant was sentenced to imprisonment with prison labor for three years and six months at Seoul High Court on September 23, 2020, and the judgment became final and conclusive on December 4, 2020. The crime and the above crime, which became final and conclusive on the Defendant, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and shall be sentenced to punishment for the crime in consideration of equity with the case where the judgment is concurrently rendered in accordance with the former part of Article 39(1) of the Criminal Act.

However, the lower court, without considering such circumstances, determined a sentence, thereby making it impossible to maintain the lower judgment as it is.

3. The judgment of the court below is reversed in accordance with Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal, and the judgment below is reversed, and it is again decided as follows.

[Along with the reasoning of the judgment below, the summary of the facts constituting a crime and the evidence admitted by the court below and the summary of the facts charged are as follows: "The defendant was sentenced to three and a half years and six months imprisonment at the Seoul High Court on September 23, 2020 due to rape, bodily injury, and confinement, and the judgment became final and conclusive on December 4, 2020" in the first copy of the facts charged of the judgment below, and the summary of the evidence is the same as the corresponding column of the judgment of the court below, except for adding "1. criminal records: the judgment of the court and the statement of the fixed date inquiry" to the summary of the evidence. Thus, it

Application of Statutes

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), the choice of fines for criminal facts

1. The latter part of Article 37 of the Criminal Act and Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation under the former part of Article 39 (1) of the Criminal Act for handling 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 provides that a provisional payment order shall be issued.