We reverse the judgment of the court below.

The sentence against the accused shall be determined by a fine of KRW 9,00,000.

The above fine shall be imposed on the defendant.

Summary of Grounds for Appeal

The punishment of each judgment of the court below (the first judgment of the court below: the fine of 5 million won, the second judgment of the court of the court of the court below: the fine of 4 million won) is too unreasonable.

We examine ex officio the grounds for appeal by the defendant before determining ex officio.

This Court held two appeals cases against the defendant jointly and tried by the two original judgments, and since the crime in the decision of each original court is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment shall be sentenced in accordance with Article 38(1) of the Criminal Act, the original judgment cannot be maintained any more.

In addition, the first head of the facts charged against the defendant for the first time in this court, the prosecutor added "the defendant was sentenced to 8 months of imprisonment with prison labor and 1.5 million won in the Gwangju District Court on January 29, 2015, which became final and conclusive on April 14, 2015," and Article 39 (1) of "the applicable provisions of Acts" to "the defendant applied for the amendment of the indictment with additional contents," and the subject of the trial was changed by this court's permission, so the judgment of the court below was no longer maintained.

Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the argument of unfair sentencing by the defendant and the prosecutor, and it is again decided as follows after oral argument.

The summary of facts constituting an offense and evidence recognized by the court is as follows: (a) addition of criminal records to the first head of the offense and the summary of the evidence as stated in Paragraph (2) above; and (b) addition of criminal records to the summary of the evidence as stated in Paragraph (1) above to the summary of the evidence: (c) addition of the Defendant’s current trial statement and written judgment; and (d) addition of all corresponding columns of the judgment below

Application of Statutes

1. Article 3 (1), the proviso of Article 3 (2) and Article 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts, respectively;