The guilty part of the judgment of the court below and the judgment of the court of second instance shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. Of the facts charged in the case of the 2018 Highest 2182 case against the Defendant, the lower court dismissed the prosecution, and convicted the Defendant of the remaining facts charged.

The scope of the judgment of the court of second instance against the defendant is limited to the remaining conviction except the above dismissal judgment.

2. Summary of grounds for appeal;

A. The first instance court’s sentence (a fine of KRW 700,000) declared by the prosecutor is too unfilled and unfair.

B. The punishment sentenced by the second instance court (six months of imprisonment) is too unreasonable.

3. Before making ex officio judgment on the grounds for appeal by a public prosecutor and a defendant, this Court tried by combining the appellate case of the judgment of the court of first instance and the appellate case of the judgment of the court of second instance. Each of the offenses in the judgment of the court of second instance against the defendant is a concurrent offense under the former part of Article 37 of the Criminal Act and should be punished with a single sentence within the scope of the term of punishment aggravated for concurrent offenses pursuant to Article 38(1) of the Criminal Act. Thus, the conviction part of the judgment of the court of first and

4. As such, the conviction part of the judgment of the court of first and second instance among the judgment below is reversed under Article 364(2) of the Criminal Procedure Act without examining each of the above grounds for reversal of unfair sentencing, and it is so decided as follows.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is the same as that of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 314(1) of the Criminal Act, Articles 261 and 260(1) of the Criminal Act, Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act, Article 314(1) of the same Act, the choice of applicable laws and punishment for the crime;