The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered on the defendant is too unreasonable.

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

According to records, on January 11, 2018, the Defendant was sentenced to imprisonment with prison labor for at least four months in the Incheon District Court due to intrusion on a structure at night, larceny, etc.

2. 7. It can be recognized that the above judgment became final and conclusive. As such, the crime for which judgment became final and the crime of this case are concurrent crimes with the crime of this case after Article 37 of the Criminal Act, and the punishment of this case is determined by taking account of equity and the concurrent judgment pursuant to Article 39(1) of the Criminal Act. In this regard, the judgment of the court below was unable to be maintained

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by this court was confirmed in the first instance on the second page of the judgment of the court below.

“A final and conclusive judgment, and the Defendant was sentenced to four months by imprisonment with prison labor for a night structure intrusion larceny, etc. at the Incheon District Court on January 11, 2018 and sentenced to four months by the Defendant.

2.7 The above judgment became final and conclusive.

Except for the change to “the pertinent column of the lower judgment,” it is identical to each corresponding column of the lower judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;