The judgment of the court below is reversed.

Defendant shall be punished by a fine of eight million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., a fine of eight million won) imposed by the court below on the defendant is too uneased and unreasonable.

2. Prior to the judgment on the grounds for appeal, according to the records, the defendant was sentenced to ten months of imprisonment with prison labor on May 15, 2019, for the crime of special property damage, etc. in Seongbuk-nam branch of the Suwon District Court. On May 17, 2019, the above judgment became final and conclusive following waiver of the right to appeal. Since each crime of the judgment of the court below against the defendant and the above special property damage crime of the above special property damage, etc., for which the judgment of the court below became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, they should be sentenced to punishment for each crime under the judgment of the court below in consideration of equity in the case where the judgment is to be rendered at the same time in accordance

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

【The judgment of the court which has been rendered in multiple times] The summary of the facts constituting a crime and the evidence recognized by this court are all the criminal facts column. “The defendant was sentenced to ten months of imprisonment with prison labor for the crime of special property damage, etc. at the Sung-nam branch of the Suwon District Court on May 15, 2019, and the above judgment became final and conclusive on May 17, 2019.” The summary of the evidence is identical to each corresponding column of the judgment of the court below, except for the addition of “1. previous conviction in the judgment: a letter of prosecution as of July 2, 2019.”

Application of Statutes

1. Relevant Article of the Criminal Act, Articles 284, 283(1) of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, the selection of fines for the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;