The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. According to the record of this case’s ex officio determination, the Defendant was sentenced to two years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes by the Gwangju District Court on September 20, 2019 and became final and conclusive on October 1, 2019. The Defendant’s crime of violating the Act on the Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection, etc. (hereafter “Act on the Aggravated Punishment, etc. of Specific Crimes”) and the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, which became final and conclusive on October 1, 2019 against the Defendant, are in a concurrent relationship under the latter part

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the judgment below is again decided as follows after oral argument.

[Dissenting Opinion] The summary of the facts constituting an offense and evidence admitted by the court below and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, except for adding “the defendant was sentenced to two years from September 20, 2019 to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) by the Gwangju District Court on September 20, 2019” to “the above judgment became final and conclusive on October 1, 2019,” and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and Selection of fines concerning facts constituting an offense;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Criminal Act for the detention of a workhouse;