The judgment of the court below is reversed.

Defendant shall be punished by a fine of 150,000 won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the legal doctrine that imposed a fine of 180,000 won in excess of the punishment, even though the statutory punishment aggravated for each of the instant offenses was “1,50,000 won or less,” and thereby adversely affected the conclusion of the judgment (misunderstanding of the legal doctrine). B. The sentence (an amount of KRW 1,80,000) sentenced by the lower court is too unreasonable (an unfair sentencing) on February 2, 200 of the former Punishment of Minor Offenses (amended by Act No. 11401, Mar. 21, 2012; hereinafter the same) which applies to each of the instant offenses, is deemed to be “a fine of 100,000 won or less, penal detention, or minor fine,” and the lower court selected all of the aforementioned offenses as a fine.

Article 38(1)2 of the Criminal Act, which provides for the aggravation of concurrent crimes with regard to the same type of punishment, provides that the maximum term or maximum amount of the most severe crime shall be increased by up to one half thereof, but shall not exceed the total of the maximum term or maximum amount of the punishments specified for each crime. As such, according to the above, the statutory penalty imposed for each of the instant offenses shall be 1.50,000 won or less, which provides for the aggravated punishment for each of the instant offenses.

Therefore, the court below sentenced the defendant to a fine of KRW 180,00,000, which is erroneous in the misunderstanding of legal principles as it sentenced a punishment exceeding the applicable sentencing range under law.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below shall be rendered again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. 범죄사실에 대한 해당 법조 및 형의 선택 각 구 겅 범죄 처벌법 제 1조 제 25호( 음주 소란의 점), 구 경범죄 처벌법 제 1조...