The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

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

2. We examine ex officio the prosecutor’s grounds for appeal prior to the judgment ex officio.

According to evidence duly adopted and examined by the lower court and the trial court, the facts that the Defendant was sentenced to four months of imprisonment with prison labor for larceny at the Busan District Court on July 15, 2016 and that the said judgment became final and conclusive on July 23, 2016 can be acknowledged. The crime of the lower court and the above crime for which the judgment became final and conclusive on the Defendant are concurrent crimes under the latter part of Article 37 of the Criminal Act in relation to the latter part of Article 39(1) of the Criminal Act, and should be sentenced to punishment for the crime in consideration of equity with the case where the judgment is to be rendered at the same time under the latter part

3. Accordingly, 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 judgment below is ruled as follows through pleading.

[Dao-written judgment] The summary of facts constituting an offense and evidence recognized by this court is the first head of the facts constituting an offense, and the first head of the facts constituting an offense, “the defendant was sentenced to imprisonment with prison labor for four months at the Busan District Court on July 15, 2016 and the above judgment became final and conclusive on July 23, 2016,” and except for adding “the defendant’s oral testimony: the defendant’s oral statement” at the end of the summary of the evidence as stated in each corresponding column of the judgment of the court below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant Article on the facts constituting an offense, and Articles 50 (3) 2 and 43 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the Selection of Sexual Crimes;

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

1. Although the nature of the crime cannot be deemed to be light in light of the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, the defendant's mistake.