The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., a fine of three million won) by the lower court is too unreasonable.

2. According to the evidence duly adopted and examined by this court, the Defendant was sentenced to imprisonment with prison labor for two years at the Busan District Court on November 9, 2018 for general goods and fire prevention, etc., and the judgment becomes final and conclusive on April 9, 2019.

Since the crime of the judgment of the court below and the above general crime of fire-prevention are concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment for the crime of the judgment of the court below shall be sentenced in consideration of equity and equality in the case of concurrent crimes under the main sentence of Article 39 (1) of the Criminal Act. Therefore, the judgment of

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as above, and the judgment below is again ruled as follows.

【Reasons for the Judgment in Dao-written] The facts constituting a crime and summary of the evidence recognized by the court below and the summary of the evidence are cited as it is in accordance with Article 369 of the Criminal Procedure Act, except for adding “The defendant was sentenced to imprisonment with prison labor for two years at the Busan District Court on November 9, 2018 for general goods and fire-fighting at the Busan District Court on April 9, 2019, which became final and conclusive on or around April 9, 2019.”

Application of Statutes

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

1. Handling concurrent crimes: The latter part of Articles 37 and 39 (1) of the Criminal Act (the crime of injury and the crime of setting fire against general goods, etc. for which judgment becomes final and conclusive);

1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: Fines of not less than 50,000 won but not more than 10 million won;

2. Non-application of the sentencing criteria: A fine; and