The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

The gist of the defendant's grounds for appeal is that the punishment of 2,00,000 won imposed by the court below is too unreasonable in light of the circumstances such as the fact that the defendant is against the defendant, the fact that the defendant suffers from brain death and the health condition is poor.

Prior to the judgment on the grounds for appeal by the defendant, the health unit, the record reveals that the defendant was sentenced to imprisonment with prison labor for two years and six months at the Seoul Southern District Court on March 26, 2015 and the judgment became final and conclusive on July 25, 2015. Thus, the crime of injury and the crime of inducement for profit, which became final and conclusive on July 25, 2015 against the defendant, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and should be sentenced to punishment for the crime of injury as stated in the judgment of the court below in consideration of equity with the case where it is judged simultaneously pursuant to the main sentence of Article 39(1) of the Criminal Act. In

Therefore, the court below's decision is reversed in accordance with Article 364 (2) and (6) of the Criminal Procedure Act as the grounds for ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence against the defendant are all criminal facts, "the defendant is sentenced to imprisonment for two years and six months with prison labor for the crime of attracting profit at the Seoul Southern District Court on March 26, 2015, and the judgment becomes final and conclusive on July 25, 2015," and except for adding "the defendant's oral statement at the court below" to the summary of the evidence, as stated in each corresponding column of the judgment of the court below. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Circumstances for sentencing under Article 334(1) of the Criminal Procedure Act that the defendant asserts, and the crime of this case is stipulated in Article 37 of the Criminal Act.