We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. The sentence of the lower court’s sentence (one year and three years of imprisonment, and six months of imprisonment) against the Defendant based on the summary of the grounds for appeal is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the prosecutor examined the "Violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.)" in the name of the crime as "special damage", and the "Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act and Article 366 of the Criminal Act" in the applicable provisions of this Act as "Article 369(1) and Article 366 of the Criminal Act". This court permitted this and changed the subject of the judgment, and the defendant filed an appeal against the judgment of the court below, and the court decided to jointly examine the two appeals cases concerning the judgment of the court below. Since the judgment of the court below against the defendant is related to concurrent crimes as provided in the former part of Article 37 of the Criminal Act, the judgment of the court below cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's allegation of unfair sentencing, and it is again decided as follows after oral argument.

Criminal facts

The main points of the evidence and the judgment below are as follows.

Application of Statutes

1. Articles 369(1) and 366 of the relevant Act on the Punishment of Criminal Crimes (Special Destruction and Damage), Articles 363(1), 362(1), and 30 of the Criminal Act (i.e., the acquisition of habitual stolens: Provided, that Article 30 of the Criminal Act is limited to Article 2 and (3) of the criminal facts of the case 2015Da123), Articles 47(1) and 26(1) of the former National Sports Promotion Act (Amended by Act No. 12348, Jan. 28, 2014); Articles 247 and 30 of the Criminal Act; Article 30 of the Criminal Act (amended by Act No. 12348, Jan. 28, 201);