The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a year and a fine of KRW 3,00,000.

The above fine shall be imposed on the defendant.

1. In light of the fact that the defendant's summary of the grounds for appeal is against the law, the punishment imposed by the court below against the defendant (one year of imprisonment and five million won of fine) is too unreasonable.

2. Where the punishment of imprisonment with prison labor and a fine are to be imposed concurrently for a crime subject to discretionary judgment, the punishment of imprisonment with prison labor shall be mitigated only and the punishment of a fine shall not be mitigated is unlawful.

(1) Article 55(1)3 of the Criminal Act provides that “The application column of the reasoning of the judgment by the court below shall be limited to imprisonment, and Article 55(1)6 of the Criminal Act shall be limited to imprisonment, and Article 55(1)3 of the Criminal Act shall not be limited to imprisonment and the amount of fine shall not be reduced.”

In this respect, the lower court is no longer maintained as it erred by misapprehending the legal doctrine on discretionary mitigation.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the evidence recognized by the court are as stated in the corresponding column of the judgment of the court below, and thus they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on Special Measures for the Control of Specific Crimes, Article 5 subparagraph 2 of the Act on Special Measures for the Selective Punishment and the Control of Public Health Crimes, Article 27 of the Medical Service Act;

1. Article 53 and Article 55 (1) 3 and 6 of the Criminal Act for discretionary mitigation;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant recognized and seriously reflects the crime, and the defendant's act of medical treatment without permission.