The part of the judgment of the court of first instance against the defendant and the judgment of the court of second instance are reversed.

The defendant shall be punished by a fine of two million won.

1. The summary of the grounds for appeal is that each sentence (the first instance court: the fine of KRW 3 million, the second instance court: the fine of KRW 1 million) declared by the lower court is too unreasonable because it is too unreasonable (the Defendant explicitly withdraws his assertion of mistake or misunderstanding of legal principles on the date of the first instance trial). 2. Ex officio decision

A. Prior to the judgment on the grounds for appeal by the defendant, this Court decided to concurrently examine the appeal cases against the judgment of the court of first instance and the judgment of the court of second instance, and each of the offenses against the defendant in the judgment of the court below are concurrent offenses under the former part of Article 37 of the Criminal Act. Each of the offenses in the judgment of the court below against the defendant should be sentenced to a single sentence within the scope of the punishment aggravated for concurrent offenses under Article 38(1) of the Criminal Act

Therefore, the judgment of the court below cannot be reversed in its entirety.

B. In addition, according to the records, the defendant was sentenced to imprisonment for six months with prison labor for a violation of the Punishment of Violences, etc. Act (damage to a group, deadly weapon, etc.) at the Jung-gu District Court on November 28, 2014, and the above judgment became final and conclusive on June 10, 2015. Accordingly, each of the crimes in the judgment of each court below is in the relation of concurrent crimes with the crime for which the above judgment becomes final and conclusive, Article 37 of the Criminal Act.

Therefore, the punishment shall be determined in consideration of equity with the case where the above judgment was rendered simultaneously with the crime for which the judgment became final and conclusive in accordance with Article 39 (1) of the Criminal Act. Therefore, the judgment of the court below cannot be maintained in this respect.

3. Accordingly, the judgment of the court below is reversed as to the defendant among the judgment of the court of first instance pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below as to the defendant and the judgment of the court of second instance are all reversed, and the judgment below is all reversed after pleading as follows.

Criminal facts

The substance of the facts charged and the summary of the evidence recognized by the court, and the summary of the evidence, are ① the original judgment.