The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three months and by a fine of 500,000 won.

The above fine shall be imposed on the defendant.

1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unreasonable.

2. Article 457-2 of the Criminal Procedure Act provides that “No sentence more severe than that imposed on a summary order shall be imposed on a case for which a defendant has requested formal trial.” In a case where a case for which a request for formal trial has been made is concurrently tried and a case for which a request for formal trial has been made is applied to concurrent crimes after a concurrent trial, the sentence imposed or notified shall not be simply compared with the sentence imposed upon the case, but it shall not be simply compared with the sentence imposed upon the consolidation after a concurrent trial is conducted. In addition, it shall be determined whether the combined sentence is disadvantageous changes by considering the objective circumstances that determine the legal status of the defendant, such

According to the records, among the judgment below against the defendant, the defendant requested formal trial against a summary order of KRW 500,000 for a fine of KRW 500,000.0.0.00. The court below sentenced the defendant four months as a concurrent offender under the former part of Article 37 of the Criminal Act after selecting imprisonment with prison labor for all the above crimes after holding concurrent hearings for the case of KRW 2013,000,000,000. The court below sentenced the defendant to imprisonment with prison labor for all the above crimes as concurrent crimes under the former part of Article 37 of the Criminal Act, since it is evident that the court below sentenced the defendant to a fine for the above summary order for which a formal trial was requested by changing the sentence to imprisonment with prison labor for all the above crimes is an unfavorable change when considering the contents of the case and all all the circumstances, such as the sentence, and thus, the judgment below erred by misapprehending the legal principles on the principle

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and it is again decided as follows.

Criminal facts

The Court shall have jurisdiction over the summary of the evidence and evidence.