The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor of one year and six months and fine of 5,00,000 won, Defendant B shall be punished by imprisonment with prison labor of one year and one year.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (Defendant A: imprisonment of one year and six months, fine of ten million won, confiscation, confiscation, Defendant B: imprisonment of one year, fine of five million won, and confiscation) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. In the event that both imprisonment and a fine are to be imposed on one of the crimes determined ex officio, the punishment of imprisonment shall be mitigated, except as otherwise expressly provided for, and the punishment of a fine shall not be mitigated (see, e.g., Supreme Court Decisions 96Do3466, Aug. 26, 1997; 2008Do3258, Jul. 10, 2008). In such a case, the lower court did not reduce the amount of imprisonment with prison labor for the Defendants after imposing a fine concurrently pursuant to Article 5 subparag. 1 of the Act on Special Measures for the Control of Public Health Crimes and did not reduce the amount of fine.

Therefore, the judgment of the court below is erroneous in the misapprehension of legal principles as to reduction of amount, and it is clear that this affected the conclusion of the judgment, so the judgment of the court below cannot be maintained any more.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendants and the prosecutor's unfair assertion of sentencing, and it is again decided as follows.

【Inasmuch as the facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 5 subparag. 1 of the Act on Special Measures for the Control of Public Health Crimes; Article 27(1) of the Medical Service Act; Article 30 of the Criminal Act (in all cases, imprisonment without prison labor for a limited term), Articles 231, 30 of the Criminal Act (a private document’s aid, choice of imprisonment for a limited term), and Articles 231, 30 of the Criminal Act (a private document’s aid, choice of imprisonment).