The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

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

Defendant .

1. Summary of grounds for appeal;

A. On December 29, 2016, Defendant A failed to submit a written reason for appeal within 20 days, the submission period for the reason for appeal, even though he/she received a notice of receipt of the record of trial from this court on December 29, 2016, and the petition of appeal does not contain any indication

B. In light of the various sentencing conditions in this case, the prosecutor (unfair sentencing) committed by the lower court against the Defendants each sentence (Defendant A: a fine of KRW 5 million, Defendant B: a fine of KRW 1 million) is deemed to be too unreasonable.

2. Determination

A. We examine whether there are grounds for ex officio ex officio reversal or ex officio reversal before determining the decision of dismissal of Defendant A’s appeal on the part concerning Defendant A’s appeal and the prosecutor’s appeal on Defendant A’s ground of appeal on the grounds of appeal.

1) In a case where a sentence selected among the punishment prescribed for a crime is a fine, the punishment for a repeated crime cannot be aggravated (see Supreme Court Decision 82Do1018, Jul. 27, 1982). Nevertheless, the lower court selected a fine for the crime of injury of Defendant A and applied Article 35 of the Criminal Act, thereby committing an offense of aggravation of a repeated crime. As such, the part of the lower judgment against Defendant A among the lower judgment cannot be maintained.

2) In addition, in light of the latter part of Article 37 and the text, legislative purport, etc. of Article 39(1) of the Criminal Act, where a crime not yet adjudicated could not be judged concurrently with the crime for which judgment became final and conclusive, the relationship between concurrent crimes after Article 37 of the Criminal Act cannot be established, and the sentence may not be imposed, or the sentence shall not be mitigated or exempted in consideration of equity and equity (see, e.g., Supreme Court Decision 2014Do469, Mar. 27, 2014). According to the evidence duly adopted and examined by the lower court, Defendant A was sentenced to ten months of imprisonment with prison labor at the Seoul Southern Southern District Court on November 4, 2014; the said judgment became final and conclusive on April 9, 2015 (hereinafter “final judgment”) and the court on January 8, 2016 at the same court.