The judgment of the court below is reversed.

The sentence against the accused shall be three million won.

Defendant. A fine.

1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal.

According to the records, the defendant was sentenced to eight months of imprisonment on April 28, 2017 by the Seoul Central District Court for the attempt of attack, etc., and the judgment became final and conclusive on September 16, 2017.

Article 37 of the Criminal Act provides that the crime of the judgment of the court below and the attempts to commit a crime for which judgment has become final and conclusive shall be concurrent crimes.

This court is obliged to reverse the judgment of the court below on the ground that the punishment is to be determined in consideration of equity in the case where the judgment is to be rendered simultaneously in accordance with Article 39(1) of the Criminal Act.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, on the grounds that the judgment of the court below is reversed ex officio, and the following is again decided after pleading.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by this court was sentenced to eight months of imprisonment for the attempted crime at the Seoul Central District Court on April 28, 2017, and the judgment became final and conclusive on September 16, 2017.

Except for the addition of “the pertinent column of the lower judgment,” it is identical to the description in each corresponding column of the lower judgment, thereby citing it as is in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. The sentencing criteria do not apply to the selection of the reasons for the sentencing of Articles 70(1) and 69(2) of the Criminal Act, which shall not apply to the detention of the workhouse.

In addition to the circumstances that the defendant had been punished for the same kind of crime, the details and contents of the crime of this case, and the attempts to commit the crime of this case, he considered the equity in the case where he was tried.