All judgment of the court below shall be reversed.

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

The above fine shall be imposed on the defendant.

1. The punishment of the second instance judgment on the gist of the grounds for appeal (the penalty amounting to three million won) is too unreasonable.

On November 3, 2017, the Defendant filed an appeal against the lower judgment, and received notice of receipt of the records of trial, and submitted a statement of grounds for appeal stating that “it was committed under a state of mental or physical loss or mental weakness” was stated on November 3, 2017.

Therefore, as to the judgment of the court of first instance, a decision to dismiss an appeal under the main sentence of Article 361-4(1) of the Criminal Procedure Act should be made, but as long as the court of first instance decides to combine the judgment of the court of first instance with the judgment of the court of second instance and the judgment of the court of second instance, even if examined ex officio, the defendant committed a crime under the condition

It is difficult to see it, and it shall not be judged by keeping a separate port.

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

A. As to the judgment of the court below, the judgment of the court below rendered each appeal against the defendant, and the defendant filed each appeal, and this court decided to hold a joint hearing of each appeal case.

Therefore, the judgment of the court below against the defendant should be sentenced to a single punishment pursuant to Article 38(1) of the Criminal Act in relation to each of the concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

B. According to the result of the examination of evidence by the competent court on the second instance judgment, the Defendant was sentenced to eight months of imprisonment with prison labor on November 18, 2016 in the Incheon District Court’s Busan District Court’s Vice Branch for the preliminary crime of fire prevention, etc., and the judgment was finalized on February 2, 2017.

Therefore, the crime of the judgment of the second instance judgment against the defendant and the above crime for which the judgment became final and conclusive are in the relation of concurrent crimes after Article 37 of the Criminal Code, and in accordance with the main sentence of Article 39 (1) of the Criminal Code, the sentence of punishment for the crime should be imposed in consideration of equity in the case where the judgment is to be rendered at the same time, and the judgment of the second instance omitted.