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 (3 million won in penalty) is too unreasonable.

2. An ex officio prosecutor appealed from the first head of the facts charged in the instant case on February 2, 2017, the Defendant appealed from the Daejeon District Court for eight months as a crime of destroying property and is still pending in the appellate trial.

“The Defendant was sentenced to eight months of imprisonment for property damage at the Daejeon District Court on February 2, 2017, and the judgment was finalized on April 26, 2017.

The Court permitted the change to "" and the applicable law by applying Article 37 and Article 39 (1) of the Criminal Code to apply for the amendment of the bill of amendment. The crime of the crime and the crime of damage to the property for which the judgment of the court below became final and conclusive are concurrent crimes after Article 37 of the Criminal Code and Article 39 (1) of the Criminal Code with regard to the crime of damage to property shall be sentenced to punishment for the crime in the judgment of the court below in consideration of the equality in the case where the judgment is to be rendered at the same time in accordance with Article

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without having to determine the defendant's unfair assertion of sentencing, since the above grounds for reversal ex officio are the grounds for reversal, and the judgment below is again ruled as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are criminal facts, and the first head of the criminal facts is "the defendant was sentenced to eight months for property damage by the Daejeon District Court on February 2, 2017, and is still pending in the appellate trial.

“The Defendant was sentenced to eight months of imprisonment for the crime of property damage at the Daejeon District Court on February 2, 2017, and the judgment became final and conclusive on April 26, 2017.

Except for changing “1. Each judgment” to “the summary of the evidence and adding “1. each judgment” to “the summary of the evidence,” it is identical to each corresponding column of the judgment of the court below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Act concerning facts constituting an offense;