The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The lower court’s sentence against the Defendant on the summary of the grounds of appeal (six months of imprisonment, two years of suspended execution, two years of protection observation) is too unhued and unreasonable.

2. We examine ex officio the reasons for ex officio appeal prior to the determination of the reasons for appeal.

According to the records of this case, the Defendant was sentenced to a suspended sentence of six months on September 7, 2017 by imprisonment with prison labor for property damage at the Seoul Northern District Court, which was sentenced to one year on December 5, 2017, and the above judgment became final and conclusive on December 5, 2017. As such, the crime of property damage and the crime of this case, which became final and conclusive, are in the relation of concurrent crimes after Article 37 of the Criminal Act, and shall be determined after examining whether to reduce or exempt punishment in consideration of equity with the case where a judgment is to be rendered simultaneously pursuant to Article 39

In this respect, the judgment of the court below can no longer be maintained.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and the following is again decided after pleading.

[Judgment] The summary of criminal facts and evidence recognized by this court is the criminal facts and the summary of the evidence. The part of the judgment of the court below regarding the crime [criminal records] was sentenced to imprisonment with prison labor for six months at the Seoul Northern District Court on September 7, 2017 and the above judgment became final and conclusive on December 5, 2017 after being sentenced to a suspended sentence of one year for property damage.

“A previous conviction in the judgment of the court below: 1. It is the same as the corresponding column in the judgment of the court below in addition to adding “1. Previous conviction in the judgment of the court” in the summary of the evidence, and 369 of the Criminal Procedure Act is cited as it is.

Application of Statutes

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 260(1) of the Criminal Act (the point of violence) and the choice of imprisonment with prison labor for the crime;

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

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act (the above two crimes) of the aggravated concurrent crimes.