The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

The defendant is sentenced to imprisonment with prison labor (one year) with prison labor of the court below.

The appeal was lodged.

Examining the reasoning for appeal ex officio prior to the judgment on the grounds for appeal, the Defendant was sentenced to six months of imprisonment with prison labor for property damage at the Seoul Southern District Court on June 25, 2020, and this judgment became final and conclusive on November 7, 2020.

Since the crime subject to deliberation was conducted prior to the crime for which this judgment became final and conclusive, the latter part of Article 37 of the Criminal Code should be punished as concurrent crimes.

Since the judgment of the court below cannot be maintained as it is, the judgment of the court below shall be reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment shall be judged again

Criminal facts

On June 25, 2020, the defendant was sentenced to six months of imprisonment with prison labor for property damage in Seoul Southern District Court on June 25, 2020, and this judgment became final and conclusive on November 7, 2020.

“In addition to the addition of “each judgment and summary information about search cases” to “a summary of each case” and the summary of evidence, it is identical to the corresponding column of the lower judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Articles 257(1), 311, and 283(1) of the Criminal Act, and the choice of imprisonment for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The court below's reasons for sentencing for Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act that aggravated concurrent crimes are concurrent crimes after Article 37 of the Criminal Act and Article 37 of the Criminal Act.