Defendant shall be punished by a fine of 1.3 million won.

The above fine shall not be paid by the defendant.

A. misunderstanding of facts 1) A thief was found only by reporting the damaged articles that the victim galkeded, and by deeming that another person has abandoned, and there was no fact that the damaged articles were stolen. 2) A thief was committed by assaulting the victim, leading the victim to a nearby air base, and there was no assault by the victim.

B. The sentence of a fine of one million won imposed by the court below on the defendant is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the instant case No. 2013No242, which is the appeal case against the judgment of the court of first instance, and the instant case No. 2013No1359, which is the appeal case against the judgment of the court of second instance, was consolidated in the oral proceedings of the oral proceedings. Each of the offenses in the judgment of the court of first and second is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of aggravated concurrent crimes under Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained any more.

(However, even if there are reasons for reversal in the judgment of the court below as above, the defendant's assertion of misunderstanding of facts is still subject to the judgment of the court of this court, and this is also examined).

A. According to the evidence duly adopted and examined by the court below, it can be recognized that the defendant confirmed that he was kn's kn's kn's kn's kn's kn's kn'ss kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn't.