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. The decision of the court below on the summary of the grounds for appeal (4 million won of a fine) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, according to the records, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Emergency Medical Service Act in the Busan District Court’s Dong Branch Branch Branch on January 31, 2019, and the said judgment became final and conclusive on February 8, 2019. The Defendant’s crime in the judgment of the court below against the Defendant is in a concurrent relationship between the violation of the Emergency Medical Service Act and the latter part of Article 37 of the Criminal Act, and should be sentenced in consideration of equity with the case where the judgment is rendered simultaneously in accordance with Article 39(1) of the Criminal Act. Thus, the lower court

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, and the judgment below is reversed and it is again decided as follows.

[C] The summary of the facts constituting a crime and evidence recognized by this court is as follows. The first head of the judgment of the court below added "the defendant was sentenced to 2 years of imprisonment for a violation of the Emergency Medical Service Act at the Busan District Court's Dong Branch on January 31, 2019 and the above judgment became final and conclusive on February 8, 2019." The summary of the evidence added "1. criminal records: criminal records, etc.: criminal records, etc., reports on dispositions and results of confirmation" to the summary of the evidence as stated in each corresponding column of the judgment of the court below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions and Articles 74 (1) 3 and 44-7 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning criminal facts;

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

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