The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The lower court’s punishment (five million won in penalty) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

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

According to the records of this case, the Defendant was sentenced to four months of imprisonment with prison labor on March 30, 2017 by the Gwangju District Court for the crime of destroying special property, etc., and the judgment became final and conclusive on June 29, 2017. As such, since the crime and the crime of destroying special property, etc. against the Defendant, which became final and conclusive on June 29, 2017, are concurrent crimes in relation to a group after Article 37 of the Criminal Act, a punishment shall be determined in consideration of equity with the case where a concurrent judgment is rendered pursuant to the main sentence of Article 39(1) of the Criminal Act.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining each of the unfair sentencing arguments by the defendant and the prosecutor, and the judgment below is reversed, and it is again decided as follows.

Criminal facts

The gist of the facts charged and the summary of the evidence admitted by this court is as follows. The first head of the facts charged on March 30, 2017, of the lower judgment, “the Defendant was sentenced to four months of imprisonment for special property damage, etc. at the Gwangju District Court on March 30, 2017, and the said judgment became final and conclusive on June 29, 2017.

In addition, “other than adding” is the same as indicated in each corresponding column of the lower judgment, and thus, this is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. On September 18, 2015, the Defendant for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act, who was sentenced to a suspended sentence of two years on September 26, 2015, to imprisonment with prison labor for an attempt to commit special robbery at the Gwangju District Court for a period of one year and six months.