The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding 1,500,000 won.

The above fine shall be imposed on the defendant.

1. The gist of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, a fine of 1.5 million won) is too unreasonable.

2. Where the court below ex officio examined the grounds for appeal of the defendant for ex officio judgment prior to the pronouncement of the judgment of the court of first instance, and rendered a final and conclusive judgment to be sentenced pursuant to Article 39(1) of the Criminal Act as concurrent crimes provided for in the latter part of Article 37 of the Criminal Act prior to the pronouncement of the judgment of the court of first instance after the pronouncement of the judgment of the court of first instance, and became final and conclusive pursuant to Article 39(1) of the Criminal Act, the appellate court shall ex officio reverse the judgment of the court of first instance and review and make a decision again (see, e.g., Supreme Court Decision 2010Do15253, Jan. 13, 2011). According to the records, the defendant was sentenced to a suspended sentence of two years for general fire-fighting on April 22, 2014 at the Suwon District Court, and all appeals and appeals of the defendant were dismissed, and the above judgment becomes final and conclusive on March 19

Therefore, the judgment of the court below can no longer be maintained in this respect, since the punishment is to be determined in consideration of equity in the case of concurrent judgment pursuant to Article 39(1) of the Criminal Act by reversal ex officio.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act on the ground that the above ground for ex officio reversal exists, and it is again decided as follows.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as follows: "The defendant was sentenced to a stay of execution four years at the Suwon District Court on April 22, 2014 to imprisonment with prison labor for general goods and fire prevention, etc. on April 22, 2014, and on March 19, 2015, the above judgment became final and conclusive on March 19, 2015," and "the summary of the evidence" : The criminal records as stated in the corresponding column of the court below except for addition of criminal records, case summary agreement auxiliary meetings, and each written judgment. Thus, it is accepted as it is in accordance with Article 369 of the Criminal Procedure Act.