A defendant shall be punished by imprisonment for six months.

2. Prior to the judgment on the grounds for appeal against the judgment of the court below ex officio, the defendant was sentenced to imprisonment with prison labor for 8 months and a fine of 500,000 won on October 30, 2018 at the Ulsan District Court, which became final and conclusive on February 28, 2019. The crime of the judgment of the court below against the defendant and the crime of damage to public goods for which the judgment of the court below became final and conclusive on February 28, 2019 are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the crime of damage to public goods for which the judgment of the court below became final and conclusive are concurrent crimes under the latter part of Article 39(1) of the Criminal Act.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed, and it is again decided as follows.

[Dao-written judgment] Criminal facts and summary of evidence recognized by the court and the summary of evidence are as follows: '1. Criminal records before the judgment of the court below in the end of the gist of evidence as stated in the judgment of the court below: The defendant's oral statement is the same as the statement in each corresponding column except for addition of the defendant's oral statement. Thus, it is cited as it is

Application of Statutes

1. Article 258-2 (1) and Article 257 (1) of the Criminal Act and the choice of punishment for the crime, the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. Scope of applicable sentences under law: Six months to ten years; and

2. Where there exist crimes subject to the setting of the sentencing criteria according to the sentencing criteria and the latter concurrent crimes of Article 37 of the Criminal Act.