The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 2,500,000.

The defendant above.

1. The main point of the grounds for appeal is that the lower court’s punishment (three million won of fine) is too unreasonable.

2. According to the records of ex officio determination, the Defendant, at the Gwangju District Court on December 20, 2018, sentenced two years to a suspended sentence of eight months to imprisonment for violating the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of Specific Crimes, and the said judgment became final and conclusive on October 24, 2019.

The crime of this case and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which became final and conclusive due to the conclusion of the above judgment, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the sentence against the original judgment should be imposed in consideration of equity in the case where the judgment is rendered at the same time in accordance with the former part of Article 39(1) of the Criminal Act. Therefore,

3. As such, the part of the judgment of the court below against the defendant is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows after pleading.

[Judgment used again against the defendant] The summary of criminal facts and evidence added to "the defendant was sentenced to a suspended sentence of two years on December 20, 2018 to imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as "the Act on the Aggravated Punishment, etc.") at the Gwangju District Court on December 20, 2018, and the above judgment became final and conclusive on October 24, 2019" to the first copy of the criminal facts and the summary of the evidence, as stated in the corresponding column of the judgment of the court below, as well as in addition to adding "1......................, the case inquiry and three copies of the

Application of Statutes

1. Article 347 (1) and Article 30 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

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

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.