The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too unreasonable.

2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.

According to the evidence duly adopted and examined by the trial court, the defendant was sentenced to five years of imprisonment with prison labor for special robbery, etc. at the Suwon Giwon method on November 9, 2017, and the above judgment became final and conclusive on March 23, 2018.

Therefore, the crime of special robbery and the crime of the judgment of the court below against the defendant in which the judgment of the court below became final and conclusive shall be sentenced to punishment for the crime of the court below in consideration of equity in the case where the judgment is to be held simultaneously pursuant to Article 39 (1) of the Criminal Act, since the crime of special robbery and the crime of the court below against the defendant

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed and it is again decided as follows.

[Re-written judgment] The summary of the facts constituting an offense and evidence admitted by the court and the summary of the evidence are as follows. The first head of the facts constituting an offense in the original judgment of the court below, “The defendant was sentenced to five years of imprisonment with prison labor for a special robbery at the Suwon Friwon on November 9, 2017, and the above judgment became final and conclusive on March 23, 2018.

In addition to adding “1. Investigation Report (Attachment to Defendant A’s judgment)” to the summary of the evidence, it is identical to the corresponding column of the judgment of the court below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 323 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order are serious damage in the instant case, and the Defendant’s mistake is against each other.