The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

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

According to the evidence examined by the trial court, the defendant was sentenced to imprisonment with prison labor for two years and six months from August 30, 2017 with prison labor for special property damage in the original branch of the Chuncheon District Court on August 30, 2017 and the above judgment became final and conclusive around that time.

As above, since the crime for which judgment has become final and conclusive and the crime of this case are concurrent crimes in the latter part of Article 37 of the Criminal Act, a punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity in cases where a judgment is to be rendered at the same time in accordance with the first part of Article 39(1) of the Criminal Act. The application of the law of the lower judgment is omitted

Therefore, the judgment of the court below was no longer maintained.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 prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

【Grounds for another judgment】 Criminal facts and summary of evidence recognized by this court are criminal facts and summary of evidence in the judgment of the court below on August 30, 2017, which were sentenced to two years and six months from imprisonment with prison labor for special property damage in the Jeju District Court's original branch on August 30, 2017, and the above judgment on September 7, 2017 became final and conclusive.

In addition to adding “,” it is identical to each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 369 of the Criminal Act applicable to the crime, Articles 369 (1) and 366 of the Criminal Act, the selection of fines for the crime, and the selection of fines;

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is the crime of damaging property, which is the same kind of crime.