The judgment below

The part against the defendant shall be reversed.

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

The defendant above.

1. The Prosecutor’s summary of the grounds for appeal (a fine of two million won) declared by the lower court is too unhued and unreasonable.

2. The ex officio determination prosecutor added “Articles 37 and 39(1) of the Criminal Act” to the applicable provisions of the Criminal Act in the trial of the party, added criminal records to the facts charged, and applied for changes in the indictment with the permission of this court. As such, the judgment of the court below is no longer maintained.

3. If so, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the following is again decided after pleading.

【The part of the judgment rendered in Dao] The criminal facts and the summary of the evidence admitted by the court and the summary of the evidence are all the criminal facts against the defendant. The defendant added "the defendant was sentenced to two years of imprisonment for a period of suspension of execution on September 30, 2016 by a tender obstruction at the Seoul Eastern District Court, sentenced to two years of imprisonment for a period of suspension of execution on September 30, 2016, and the judgment became final and conclusive on October 8 of the same year" to the summary of the evidence and added "1. judgment and the details of the case inquiry (the final and conclusive facts)" to the summary of the evidence, and thus,

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 133(1) and 131(2) of the Criminal Act regarding the selection of punishment, Article 53 (2) of the Act on the Management of Public Institutions (amended by Act No. 14076, Mar. 22, 2016; hereinafter the same shall apply), Articles 13 (1) and 129(1) of the Criminal Act, Article 53 (1) of the Act on the Management of Public Institutions (the point of offering of a bribe of KRW 1 million and the selection of fines)

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes (trade between each crime at the time of sale and each crime for which judgment has become final

1. The punishment stipulated in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which is heavier than the punishment for offering of a bribe of two million won.