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. According to the records of ex officio determination, even though the evidence duly adopted and examined by the court below alone is insufficient to specify the criminal facts of the defendant in the latter part of Article 37 of the Criminal Act and the accurate date of final judgment, the court below stated the contents and the date of final judgment and dealt with concurrent crimes pursuant to the latter part of Article 37 and Article 39(1) of the Criminal Act, so the judgment of the court below cannot be maintained any more in this respect.

2. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The criminal facts recognized by this court are the same as the corresponding column of the judgment of the court below, except that the second part of the judgment of the court below regarding the "B" as "B". Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Summary of Evidence

1. Statement in the original judgment by the defendant;

1. The police statement concerning B;

1. Each detailed statement of deposit;

1. Previous convictions: Application of each judgment, each of the summary agreement and auxiliary Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for criminal facts;

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

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

4. The sentencing grounds of Article 334(1) of the Criminal Procedure Act of the provisional payment order reflects the fact that a defendant recognized a crime and commits a mistake, and equity with the case of concurrent crimes under the latter part of Article 37 of the Criminal Act should also be taken into account. On the other hand, the defendant did not reach an agreement with the victim, taking into account the following factors: the defendant’s age, character and conduct, health, home environment, details of the crime, amount of damage, circumstances before and after the crime, etc., and all the sentencing conditions stated in the records and arguments of this case, including the defendant