All judgment of the court below shall be 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 defendant above.

Summary of Grounds for Appeal

Each sentence of the court below (the first instance court: imprisonment for 8 months, the second instance court: imprisonment for 2 months and the fine for 1.5 million won) is too unreasonable.

Judgment

Before determining on the grounds for appeal by the defendant, this Court tried by combining two appeals cases against the two original judgments, and each of the offenses in the decision of the original court is concurrent crimes under the former part of Article 37 of the Criminal Act and shall be sentenced to punishment pursuant to Article 38(1) of the Criminal Act. In this regard, the original judgment cannot be maintained any more.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal of the defendant, and it is again decided as follows.

Criminal facts

The summary of the facts constituting an offense and the summary of the evidence acknowledged by the court are as follows: the facts constituting an offense in the second judgment and the summary of the evidence are as stated in each corresponding column of the original judgment, except for the deletion of the part of criminal records in the criminal records in the second judgment. Thus, they are

Application of Statutes

1. Article 366 of the Criminal Act, Article 314 (1) of the Criminal Act, Article 151 of the Road Traffic Act, Article 260 (1) of the Criminal Act concerning the crime;

1. Determination of each fine as to imprisonment with prison labor, imprisonment without prison labor, and the rest of the crimes of assaulting and damaging property, interference with business, and [2013 Height5974] in relation to the crime of selective destruction of property, crime of interference with business, and the crime of assault

1. Article 35 of the Criminal Act (excluding assaults that choose a fine) among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, Article 38 (2), and Article 50 of the Criminal Act;

1. The fact that the reason for sentencing of Articles 70 and 69(2) of the Criminal Code for the detention of a workhouse recognizes his mistake is advantageous, but it includes a number of times including the punishment for the same kind of crime.