The judgment of the court below is reversed.

The sentence against the accused shall be determined by a fine of KRW 1,500,000.

The above fine shall be imposed on the defendant.

Summary of Grounds for Appeal

The punishment of the lower court (fine 1.5 million won) is too unreasonable.

Before determining the grounds for appeal by the Defendant’s ex officio, prior to the judgment on the grounds for appeal by the Prosecutor, the first head of the charge against the Defendant was examined by this court, and the Prosecutor added “the Defendant was sentenced to one year’s imprisonment with prison labor at the Gwangju District Court on September 24, 2014 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and the judgment became final and conclusive on April 23, 2015,” and Article 37 and Article 39(1) of the Criminal Act “in addition to applicable provisions of Acts,” and the subject of the trial by this court was changed, so the judgment of the lower court is no longer maintained.

Therefore, 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 again decided as follows after oral argument.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is as follows: (a) adding criminal records to the first head of the facts charged and the summary of the evidence as stated in paragraph (2) above; and (b) adding "one copy of the judgment of the court" to the summary of the evidence as stated in the judgment of the court below, except for adding "one copy of the judgment of the court of the defendant's own trial and one copy of the judgment of the court."

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the choice of punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant recognized the crime of this case, and the crime of this case appears to have occurred in the victim's daily behaviors and vision in the drinking place, and the crime of this case is in the concurrent crime under the latter part of Article 37 of the Criminal Act between fraud, etc. for which the above judgment has become final and conclusive.