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 punishment of the lower court (two months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Before examining the reasoning for an ex officio appeal, the record reveals that the Defendant was sentenced to imprisonment on February 4, 2016, with labor for a violation of the Act on Special Cases Concerning the Punishment, etc. of Specific Child Abuse Crimes (Habitual Bodily Injury) and orders to complete a child abuse treatment program program for a period of 80 hours (Cheongju District Court 2015 Go-dong Branch 234), and the above judgment became final and conclusive on July 7, 2016.

However, when determining the punishment of this case pursuant to Article 39(1) of the Criminal Act as the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes (Habitual Bodily Injury) and the crime of this case, which became final and conclusive against the defendant, constitutes concurrent crimes after Article 37 of the Criminal Act, a sentence should be imposed in consideration of the equity between the cases where the defendant was adjudicated simultaneously with the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes (Habitual

Therefore, the judgment of the court below is no longer maintained.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 the defendant's unfair argument of sentencing, since there is a ground for reversal ex officio as above, and the judgment below is reversed, and it is again decided as follows through pleading.

[Re-written judgment] The summary of the facts constituting the crime and the evidence admitted by the court is as follows: “The defendant was sentenced to imprisonment for ten months or more and orders to complete child abuse treatment programs for 80 hours at the Young-gu District Court’s Young-dong branch on February 4, 2016 due to a violation of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes (Habitual Bodily Injury)” in the first head of the facts constituting the crime. “The above judgment became final and conclusive on July 7, 2016.” The above judgment was the same as the corresponding column of the judgment of the court below, except for the addition of “the Defendant’s statement at the trial court: the Defendant’s own trial court’s own trial statement” in the column for evidence. Thus, it is cited as it is in accordance with Article 369 of the Criminal

Application of Statutes

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