The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (the Defendant’s fine of KRW 1.5 million) is too unreasonable.

2. We examine ex officio the judgment on the grounds for appeal ex officio.

According to the records, the defendant was sentenced to eight months of imprisonment for an injury at the Seoul Southern District Court on January 11, 2019 and the judgment became final and conclusive on June 19, 2019.

Therefore, since the crime of the judgment of the court below and the crime of the above bodily injury against the defendant for which the judgment of the court below became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, punishment for the crime of the judgment of the court below should be sentenced in consideration of equity in the case where

In this respect, the judgment of the court below cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as seen above, and it is again decided as follows.

【The Judgment in Dao-written] The criminal facts and the summary of the evidence admitted by the court and the summary of the evidence are identical to each corresponding column of the judgment of the court below, except for adding "the defendant was sentenced to eight months of imprisonment for an injury at the Seoul Southern District Court on January 11, 2019 and the judgment became final and conclusive on June 19, 2019" to the first part of the criminal facts in the judgment of the court below. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant recognized the crime of this case, the victim expressed his intention not to prosecute the defendant against the police, and the defendant.