The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

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 penalty) is too unreasonable.

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

The prosecutor was sentenced on November 9, 2015 by the Seoul Central District Court to imprisonment with prison labor for a crime of damage to public goods, etc., and the judgment became final and conclusive on March 28, 2016.

In addition, “the latter part of Article 37 of the Criminal Act,” and “Article 39(1) of the Criminal Act,” the applicable law applied to apply for amendments to a bill of amendment, and this Court permitted this.

Therefore, since the crime of the judgment of the court below and each of the above crimes 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, a punishment for the crime of the judgment of the court below shall be sentenced in consideration of equity in the case where the judgment is to be held at the same time in accordance with Article 39 (1) of the Criminal Act,

3. In conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act before determining the defendant's unfair assertion of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

Criminal facts

The facts constituting a crime acknowledged by this court in the first head of the crime history among the reasoning of the judgment of the court below was sentenced on November 9, 2015 by the Seoul Central District Court to imprisonment with labor for not more than ten months due to damage to public goods, etc., and such judgment was finalized on March 28, 2016.

Except for the addition of “the foregoing,” it is identical to each corresponding part of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Summary of Evidence

1. The defendant's oral statement in court;

1. Statement made by the police against the victim C;

1. Previous convictions in the judgment: Application of a copy of the judgment and the text of the decision (Seoul Central District Court 2015 High Court 6136, Seoul Central District Court 2015No 4543, Supreme Court 2016Do2388);

1. Article 314 of the Criminal Act applicable to the crime and the choice of punishment.