The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. According to the records of ex officio reversal related to the latter part of Article 37 of the Criminal Act, the defendant was sentenced to one year of imprisonment on May 3, 2016 by the Busan District Court for the crime of destroying property, etc., and the judgment became final and conclusive on May 11, 2016. Thus, the crime of the judgment of the court below and the crime of destroying property for which the judgment of the court below became final and conclusive on the defendant are concurrent crimes in the latter part of Article 37 of the Criminal Act and the crime of destroying property shall be sentenced to punishment for the crime of the court below's decision in consideration of equity with the case where the judgment is to be rendered simultaneously pursuant to Article 39 (1) of

Therefore, 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 it is again decided as follows.

2. Judgment which is used again after the original judgment is reversed

A. Pursuant to Article 369 of the Criminal Procedure Act, the corresponding part of the judgment of the court below shall be quoted in the summary of crime and evidence.

B. Article 5-9(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 257(1) of the Criminal Act concerning the crime subject to the application of the pertinent Act, the latter part of Article 37 of the Criminal Act concerning concurrent crimes: Provided, That the first part of Article 39(1) of the Criminal Act

C. The Defendant’s reason for sentencing is to confession and reflect the instant crime.

The degree of injury suffered by the victim is not too severe, and the crime of the judgment shall be equitable with the case where the judgment was rendered simultaneously with the crime of damage to property, etc. for which judgment has become final and conclusive.

The instant crime committed was committed several times after the Defendant’s punishment was death since 1990, and the victim committed an injury for the purpose of retaliationing the reported defect.

The defendant has not only been sentenced to a suspended sentence of imprisonment with prison labor for crimes related to violence but also been punished by a fine on several occasions.

In addition, the above circumstances and the defendant's age, sex, and the crime of this case.