The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. Prior to the judgment on the assertion of unfair sentencing by the defendant on the ground of ex officio determination, the records show that the defendant was sentenced to a suspended sentence of three years and probation on October 23, 2013 due to a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) at the Gwangju District Court on the punishment of the act of violence, etc., and the defendant appealed, but withdraws the appeal and then the above judgment became final and conclusive as it is. The criminal facts of the judgment of the court below are concurrent crimes with the crime of violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) for which judgment became final and conclusive pursuant to Article 39(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained any longer.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal of the defendant, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is to add "the defendant was sentenced to a suspended sentence of three years of imprisonment and probation on October 23, 2013 due to a violation of the Punishment of Violences, etc. Act (a collective weapon, injury by deadly weapons, etc.) at the Gwangju District Court on March 21, 2014" to all the facts charged in the judgment of the court below, and "the judgment became final and conclusive as it is" 1. The summary of the evidence is to add "a copy of the judgment: the judgment is the same as that of each corresponding column of the judgment of the court below." Thus, this is to be cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. A fire is an apartment in which more than 150 households reside, for the reason of sentencing in the main sentence of Article 175 and Article 164(1) of the Criminal Act of the corresponding Article of the Criminal Act concerning criminal facts.