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. Summary of grounds for appeal;

A. The lower court’s punishment (fine 4,000,000) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. On April 24, 2020, the Defendant was sentenced to two years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes by the Ulsan District Court, which became final and conclusive on May 2, 2020. The crime and the above violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) against the Defendant, which became final and conclusive on May 2, 2020, in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act, should be sentenced to punishment for the crime under the judgment of the court below taking into account equity with the case where the judgment is concurrently rendered pursuant to the former part of Article

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining the above grounds for ex officio reversal.

[Discied reasoning of the judgment below] The summary of criminal facts and evidence recognized by this court is identical to each corresponding column of the judgment of the court below, except for adding "The defendant was sentenced to two years of imprisonment with prison labor at the Ulsan District Court on April 24, 2020 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)" to "the above judgment became final and conclusive on May 2, 2020." Therefore, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant, on the ground of sentencing under Article 334(1) of the Criminal Procedure Act, has been punished for the same kind of violent crime.