The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., a fine of five million won) of the lower court is too unhued and unreasonable.

2. Prior to the judgment of the prosecutor’s ex officio on the assertion of unfair sentencing, according to the records, the defendant was sentenced to imprisonment for 8 months on October 28, 2016 in the Daejeon District Court’s Incheon District Court’s Support for the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on November 5, 2016, and the above judgment became final and conclusive on November 5, 2016. Since the crime in the judgment of the court below is a concurrent crime under the latter part of Article 37 of the Criminal Act with the above Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of which judgment has already become final and conclusive, the punishment shall be determined after examining whether to reduce or exempt the punishment in consideration of equity and the case where a judgment is concurrently rendered pursuant to Article 3

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, on the grounds of ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is to add "the defendant was sentenced to imprisonment for eight months on October 28, 2016 for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (do referred to as the "Doing Vehicle") to the criminal facts in the front part of the criminal facts charged at the time of original trial, and the above judgment became final and conclusive on November 5, 2016" to "1. A previous offense in the last part of the evidence in the summary of the evidence: A criminal records in the judgment of the court below are the same as the corresponding parts of the judgment of the court below, except for addition of "the defendant's current trial statement and inquiry statement" as stated in

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 the former part of Article 39(1) of the Criminal Act dealing with concurrent crimes;