The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the sentence (five million won penalty) imposed by the court below on the defendant is too unreasonable.

2. According to the records of this case’s judgment ex officio, the Defendant was sentenced to the suspension of the execution of six months of imprisonment with labor for a special property damage in the Jinwon District Court on April 11, 2017, and the said judgment became final and conclusive on April 19, 2017.

The crime of damage to special property and the crime of damage to the defendant against which the judgment of the court below became final and conclusive is in a concurrent relationship with the latter part of Article 37 of the Criminal Act, and in accordance with Article 39 (1) of the Criminal Act, a punishment for the crime in the judgment of the court below shall be sentenced in consideration of equity and equality, so the judgment of the court below

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts constituting a crime and evidence acknowledged by this court is as follows. The first part of the judgment of the court below is “criminal facts” and “the Defendant was sentenced to a suspended sentence of six months for a crime of destroying special property in the Jinwon District Court’s Jinwon Branch on April 11, 2017,” and the said judgment was finalized on April 19, 2017.

In addition, “a summary of evidence” is added to “a previous record as indicated in the judgment of 1. A copy of the judgment and the output of the screen of the consolidated case” in the last part of “a summary of evidence” as indicated in each corresponding column of the judgment of the court below. As such, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2(2)2 and 44(1) (the point of drinking) of the Road Act concerning criminal facts, Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of fines, respectively;

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

1. Article 37 of the Aggravation of Concurrent Crimes Act.