We reverse the judgment of the court below.

The punishment of the accused shall be determined by six months of imprisonment.

Summary of Reasons for appeal

A. In the judgment of the court below, the court below erred by misapprehending the legal principles on the first instance court's application of the crime of damaging special property due to changes in the indictment, but the court below omitted the choice of the sentence against the defendant in the reasoning of the judgment, and by misapprehending the legal principles on the punishment of the defendant

B. The punishment of each judgment of the court below which is unfair in sentencing (the first judgment of the court below: imprisonment with prison labor for six months, and fine for negligence for eight million won) is too unreasonable.

We examine the reasons for appeal by the defendant ex officio prior to the judgment.

This Court held that two appeals cases against the defendant are consolidated and tried by the two original judgments, and the crimes in the decision of each original court are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment shall be sentenced pursuant to Article 38 (1) of the Criminal Act. Thus, the original judgment cannot be maintained any more.

As such, there is a ground for reversal of the above authority. Therefore, the misunderstanding of the legal principle of the defendant's criminal law stipulates the crime of destroying special property together with imprisonment with prison labor.

However, as seen below in the reasons for sentencing, since the court below’s choice of imprisonment with prison labor for the crime of destroying special property cannot be deemed as a result of omitting the choice of punishment, it is merely subject to rectification. However, as long as the court below reverses all the judgment of the court below on the grounds of consolidation, it does not separately decide on the Defendant’s assertion of misunderstanding of the legal principles.

In accordance with Article 364 (2) of the Criminal Procedure Act, the judgment of the court below shall be reversed without examining the unfair argument and the judgment of the court below shall be ruled again as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is "1. The defendant's partial statement in the court of first instance" in the summary of the evidence of the second court's judgment.