The remainder and the second judgment of the lower court, excluding the part concerning the application for compensation, of the lower judgment.

1. The decision of the court below on the gist of the reasons for appeal (two years of imprisonment and confiscation, 10 months of imprisonment) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant for an ex officio judgment.

As the judgment of the court below against the defendant is separately sentenced, the defendant filed an appeal against the judgment of the court of first instance and the judgment of the court of second instance, and this court decided to hold a joint hearing of each appeal case.

Thus, each crime of the judgment of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, and a sentence should be imposed pursuant to Article 38 (1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained as it is.

In addition, the prosecutor applied the Act on the Punishment of Violences, etc. (damage to a group deadly weapon) to "damage to special property", and applied the Act to "Article 3 (1), Article 2 (1) 1, and Article 366 of the Criminal Act" to "Article 369 (1) and Article 366 of the Criminal Act" to "Article 369 (1) and Article 366 of the Criminal Act". Since this Court permitted this, it was subject to the judgment, this part of the judgment below cannot be maintained.

3. In conclusion, 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 assertion of sentencing, and it is again decided as follows.

【Re-written judgment] The facts constituting an offense and the summary of evidence recognized by the court and the summary of the evidence are as shown in each corresponding column of the original judgment, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The point of destroying special property under Article 369 of the Criminal Act for facts constituting an offense: The point of attacking dangerous articles under Articles 369(1) and 366 of the Criminal Act: Punishment of violence, etc.