The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,500,000.

The above fine shall not be paid by the defendant.

1. Ex officio determination

A. On February 5, 2016, the Defendant was notified of the receipt of the record of trial by this court on February 5, 2016, but failed to submit a written reason for appeal within the submission period for the reason for appeal, and it is evident that the petition of appeal does not contain

B. However, according to the records, the Defendant was sentenced to a suspended sentence of two years on November 19, 2015 by the Changwon District Court for the crime of damage to public goods, etc. on the part of November 19, 2015, and on November 27, 2015, it can be recognized that the above judgment became final and conclusive on November 27, 2015. Since the larceny of this case, etc. of this case is in a concurrent relationship with the crime of damage to public goods, etc. of which the judgment became final and conclusive, the Defendant shall be sentenced to a separate sentence in consideration of equity in the case where the judgment is rendered at the same time pursuant to Article 39(1) of the Criminal Act

2. In conclusion, the court below did not render a decision to dismiss an appeal against the defendant on the ground that the defendant did not submit the grounds for appeal, and the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court in question was sentenced to a suspended sentence of two years in August 19, 2015 due to damage to public goods by the Changwon District Court on November 19, 2015, and the judgment on November 27, 2015 became final and conclusive.

“1. A previous conviction in the judgment of the court below: Along with the addition of “1. A reply to inquiries, such as criminal history, copy of the judgment” to the summary of the evidence, it is identical to each corresponding column of the judgment of the court below. As such, it shall be cited in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Article 329 of the Criminal Act applicable to the crime, Article 329 of the choice of punishment (section 1), Article 319 of the Criminal Act (the point of intrusion upon residence), Articles 342 and 329 of the Criminal Act (the point of attempted larceny), and each of the fines is selected.