The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The sentence of the lower court (four months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. Judgment on the grounds for appeal by the defendant ex officio shall be made ex officio.

On November 25, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for property damage, etc. at the Busan District Court on May 5, 2017, and the judgment became final and conclusive on May 5, 2017. The Defendant’s crime and fraud for which the judgment of the lower court was final and conclusive on the Defendant is in the relation of concurrent crimes by a group after Article 37 of the Criminal Act, and shall be sentenced to punishment for the crime as stated in the judgment of the lower court, taking into account equity in cases where the Defendant

In this regard, the prosecutor added “after Article 37 of the Criminal Act and Article 39(1) of the Criminal Act” to “Article 39(1) of the Criminal Act” in the provisions of the law applicable to the instant indictment in the trial of the party. Of the facts charged, the Defendant was sentenced to six months of imprisonment with prison labor on November 25, 2016 at the Busan District Court and the judgment became final and conclusive on May 5, 2017.

“A request for amendments to Bill of Indictment was filed,” and this Court allowed this.

In this respect, the judgment of the court below cannot be maintained as it is.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts constituting a crime and evidence acknowledged by this court is as follows: “Criminal facts” in the first head of the judgment of the court below is as follows: “The Defendant was sentenced to six months of imprisonment with prison labor on November 25, 2016 due to property damage, etc. by the Busan District Court, and the judgment became final and conclusive on May 5, 2017; and “a summary of evidence” in the column for “a summary of evidence” as stated in the column for “a criminal record: a reply to inquiry, such as criminal history, investigation report (final confirmation), summary information of the case, and copy of the judgment”; thus, it is identical to each corresponding column of the judgment of the court below.