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 main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

According to records, on July 9, 2020, the defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. from the Daegu District Court Kimcheon branch of the Daegu District Court on July 17, 2020. On July 15, 2020, the Daegu District Court sentenced six months of imprisonment with prison labor for larceny and confirmed on July 23, 2020. Thus, the above crimes for which judgment became final and conclusive are concurrent crimes under Article 37 of the Criminal Act. Thus, since each of the crimes of this case and the crimes of this case are concurrent crimes under Article 37 of the latter part of the Criminal Act, the punishment for the crimes of this case shall be determined at the same time by taking account of equity and cases where the above crimes are to be judged simultaneously.

Therefore, the judgment of the court below is no longer maintained.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided after pleading.

[Re-written judgment] The summary of the facts constituting the crime and the evidence admitted by the court and the summary of the evidence were the first head of the judgment of the court below. The judgment of the court below became final and conclusive on July 17, 2020 after the defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. from the Daegu District Court Kimcheon Branch of July 9, 2020, and on July 15, 2020, the Daegu District Court sentenced six months of imprisonment with prison labor for larceny and became final and conclusive on July 23, 2020.

Except for the addition of “,” it is identical to each corresponding column of the lower judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 329 of the Criminal Act and selection of fines concerning facts constituting an offense;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act is the reason for the order of provisional payment.