The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (for six months of imprisonment, two years of suspended sentence, two years of suspended sentence, and observation of protection) is too unreasonable.

2. Before determining the reasons for ex officio appeal, the record reveals that the Defendant was sentenced to four months of imprisonment with prison labor for the crime of destroying property at the Busan District Court on August 17, 2017, and the above judgment became final and conclusive on August 25, 2017. As such, the crime of destroying property and the crime of destroying property for which judgment became final and conclusive as above are concurrent crimes in relation to a group after Article 37 of the Criminal Act, and the punishment of the lower judgment is determined in consideration of equity with the case where the judgment is rendered at the same time pursuant to Article 39(1) of the Criminal Act. Therefore, the lower judgment cannot be maintained in this respect.

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

【Inasmuch as a new judgment was rendered, the facts constituting a crime and the summary of the evidence recognized by the court, and the summary of the evidence, the first head of the lower judgment’s criminal facts was sentenced to four months of imprisonment with prison labor for property damage at the Busan District Court on August 17, 2017, and the said judgment became final and conclusive on August 25, 2017.

In addition, “1. Defendant’s oral statement” is added to the summary of the evidence, and it is identical to each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) and 311 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment, respectively;

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. All crimes on the grounds of sentencing in Article 62-2 of the Criminal Act for the observation of protection and observation.