The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

The punishment (fine 2 million won) imposed by the court below on the defendant is too unreasonable.

Judgment

Before judgment on the grounds for appeal by the Defendant, the Defendant was sentenced by the Seoul Central District Court on February 1, 2013 to imprisonment with prison labor and one year and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which became final and conclusive on June 27, 2013. As above, the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, which became final and conclusive on June 27, 2013, in relation to the crime of damaging public property in this case and concurrent crimes under the latter part of Article 37 of the Criminal Act, shall be sentenced to punishment in consideration of equity in the case where the judgment is to be rendered at the same time

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

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: (a) except for adding “the defendant was sentenced on February 1, 2013 by imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the Seoul Central District Court on February 1, 2013 and the above judgment became final and conclusive on June 27, 2013” to the first head of the facts charged in the judgment of the court below, it is identical to each corresponding column of the judgment of the court below

Application of Statutes

1. Relevant Article of the Criminal Act and Article 141 (1) of the Criminal Act concerning the selection of penalties;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The crime of this case for the reason of sentencing of Articles 70 and 69(2) of the Criminal Act is not likely to be committed because the defendant, who was verified by the police officer, damaged the safety partitions of patrol cars.