All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding 2,00,000 won.

The defendant above.

Summary of Grounds for Appeal

As to the defendant (as to the first and second original judgment), each punishment (as to the first and second original judgment: fine of KRW 5 million, fine of KRW 200,000, KRW 200, KRW 100: Imprisonment, 2 years of suspended execution, and probation) of the original judgment is too unreasonable.

As to the prosecutor (the second judgment of the court below), the defendant was guilty of the facts charged, by misunderstanding of facts or misunderstanding of legal principles (the point of not guilty). Although the defendant was a part of the building managed by the victim in front of the YG building site, or constitutes the summary of the building, the court below acquitted the defendant of this part of the facts charged

The second instance court's punishment on the accused of unfair sentencing is too uneasible and unfair.

Judgment

As to the judgment of the first instance court, only the Defendant appealed against the fine of the first instance court, and only the Defendant has to choose a fine, and as to the second instance judgment, the second instance court’s imprisonment is maintained, as examined in the following, each crime of the first and second lower court is not a case where one sentence is sentenced within the scope of the term of punishment for concurrent crimes pursuant to Article 38(1)2 of the Criminal Act, and the ground for ex officio reversal is not generated. Thus, the first and second lower court’s judgment is examined separately.

The judgment of the first instance court is subject to strict punishment in that the defendant continuously committed a crime. However, the court below's punishment is somewhat unreasonable in light of the following factors: (a) the defendant has been punished for the first instance judgment; (b) the victim has agreed to the error at the time of the trial; (c) there is no record of punishment exceeding the fine; (d) the beneficiary of the basic living security has difficulty in living; and (e) other conditions of sentencing specified in the records and arguments, including the defendant's age, character and conduct, environment, circumstances

Therefore, since the defendant's appeal against the judgment of the first instance is well-grounded, the judgment of the first instance is reversed in accordance with Article 364 (6) of the Criminal Procedure Act.

The second judgment of the court below shall be given priority in refusing to leave.