The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

1. The gist of the grounds for appeal was that the court below rendered a judgment even though the defendant was absent from the court, and the sentence (the penalty amounting to five million won) imposed on the defendant is too unreasonable.

2. Determination

A. Before the grounds for appeal, the term “a crime for which judgment to face with imprisonment without prison labor or a heavier punishment has become final and the crime committed before such judgment has become final and conclusive” constitutes concurrent crimes prescribed in the latter part of Article 37 of the Criminal Act. In such cases, a crime for which judgment has not been rendered among concurrent crimes under Article 39(1) of the Criminal Act and a crime for which judgment has become final and conclusive shall be sentenced in consideration of equity and the same.

Meanwhile, the term “a crime for which judgment to punish with imprisonment without prison labor or a heavier punishment has become final and conclusive” falls under concurrent crimes prescribed in the latter part of Article 37 of the Criminal Act. In such cases, in consideration of equity in cases where a crime for which judgment has not been rendered among concurrent crimes under Article 39(1) of the Criminal Act and a crime for which judgment has become final and conclusive, a sentence shall be imposed on such crime. In such cases, where a crime for which judgment has not yet become final and conclusive cannot be adjudicated concurrently with a crime for which judgment has already become final and conclusive, a sentence shall not be imposed concurrently in accordance with Article 39(1) of the Criminal Act in consideration of equity and equity (see, e.g., Supreme Court Decision 2013Do1203, May 16, 2014). According to evidence duly adopted and examined by the lower court, the Defendant shall be sentenced to imprisonment with prison labor for not more than six months and a final and conclusive judgment for not more than two years to violate the Occupational Stabilization Act, and the Defendant shall be sentenced to a final and conclusive judgment for not more than two years, 12.