The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal appealed from the lower court’s punishment (3 million won in penalty) so far as it is so unreasonable, and the prosecutor appealed from the lower court’s punishment so far as it is too uneased and unfair.

2. The grounds for appeal by the defendant and the prosecutor are examined ex officio prior to the judgment.

According to the records, the defendant was sentenced to 7 months of imprisonment with prison labor for special larceny, etc. at the Gwangju District Court on July 19, 2017, and 5 months of a short term, and the judgment became final and conclusive on July 27, 2017. The above special larceny, etc., for which each crime of the judgment below and the judgment of the court below became final and conclusive on July 27, 2017, in relation to concurrent crimes after Article 37 of the Criminal Act, should be sentenced to punishment for each crime of the judgment of the court below in consideration of equity in cases where the judgment is to be rendered simultaneously pursuant to Article 39

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining each of the above grounds for reversal ex officio. The judgment of the court below is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as follows: “The Defendant was sentenced to imprisonment with prison labor for a maximum of seven months for special larceny, etc. at the Gwangju District Court on July 19, 2017 and a short of five months for a short term on July 27, 2017.”

“1. Before the judgment,” in the main part of the evidence, except for adding “1. Before the judgment,” the references to criminal records and investigation records and investigation reports (case during the trial) are the same as the corresponding columns of the judgment of the court below. As such, they shall be quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 152 subparagraph 1 of the relevant Act, Article 152 of the Road Traffic Act, Article 43 (Unlicensed Driving, Selection of Fines) concerning the facts constituting an offense, and Article 257 (1) of the Criminal Act (the point of injury and the selection of fines);

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes, provided that the latter part of Article 39(1) is 1.1.