The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

1. The decision of the court below (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. Prior to the Defendant’s assertion of ex officio determination, the Prosecutor added “Article 39(1) of the Criminal Act” under the law applied by the Prosecutor in the trial of the party. The Defendant was sentenced to two months as a crime of property damage at the Seoul Western District Court on August 9, 2017, and the said judgment became final and conclusive on August 14, 2017,” and the Defendant was subject to the judgment by this Court’s permission, and thus, the lower judgment was no longer maintained.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as follows: “The Defendant was sentenced to two months from the Seoul Western District Court on August 9, 2017 to imprisonment with prison labor for property damage at the Seoul Western District Court on August 9, 2017 and the above judgment became final and conclusive on August 14, 2017.

In addition, “a copy of the original judgment and the original judgment” is added to “a copy of the original judgment and the original judgment” before the previous conviction in the summary of the evidence, as stated in each corresponding column of the lower judgment, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 314(1) of the relevant Article of the Criminal Act concerning the crime (a) of the said Act; Article 311 of the Criminal Act; Article 311 of the said Act; Article 2(3)1 and (2)1 of the Punishment of Violences, etc. by Imprisonment with prison labor; Article 283(1) of the Criminal Act (a) of the Criminal Act; Articles 258-2(1) and 257(1) of the Criminal Act (a) of the said Act concerning the crime; Article 260(1) of the said Act (a) of the said Act; Article 257(1) of the said Act concerning the punishment of an act of violence, etc. (a)

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The latter part of Article 37 of the Criminal Act, provided that Article 39(1)1.