The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The sentence of a fine of one million won imposed by the lower court is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. Before determining the grounds for appeal by the Defendant’s ex officio, the Defendant’s statement at the trial court of the Defendant’s trial room was found to have been sentenced to three years and six months of imprisonment with prison labor for robbery, etc. at the Daegu District Court on June 9, 2017, and the judgment became final and conclusive on October 11, 2017. As such, the crime of robbery, etc., for which judgment became final and conclusive and the crime of injury, etc., of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment is determined after examining whether to reduce or exempt punishment in consideration of equity and cases where a judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act. In this respect, the lower judgment is no longer maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining each of the unfair sentencing arguments by the defendant and the prosecutor, and the judgment of the court below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: “The Defendant was sentenced to imprisonment with prison labor for three years and six months at the Daegu District Court on June 9, 2017 and the said judgment became final and conclusive on October 11, 2017.

In addition, “a summary of evidence” is added as evidence of the previous conviction as indicated in the column for “a summary of evidence” and, except for the addition of “a defendant’s oral statement at the court below” as evidence of the previous conviction, all of the judgment below are the same as the corresponding columns stated in the judgment below, thereby citing it as it is in accordance with

Application of Statutes

1. Article 97 of the relevant Act and Article 97 subparagraph 7 of the Telecommunications Business Act and the main sentence of Article 30 concerning criminal facts, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Articles 70(1) and 69(2) of the Criminal Act to attract a workhouse.