The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

1. The sentence imposed by the court below (three years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

According to the records, the Defendant was sentenced to 6 months of imprisonment with prison labor for special intimidation in the Seo-gu District Court Branch on February 3, 2017 and 2 years of suspended execution on February 11, 2017, and the above judgment became final and conclusive.

Since each crime of the judgment of the court below against the defendant and the above special intimidation, etc. for which the judgment of the court below became final and conclusive, the punishment shall be determined by taking into consideration the equality in cases where the judgment is to be rendered simultaneously in accordance with the main sentence of Article 39 (1) of the Criminal Act as to each crime of the judgment of the court below

Therefore, the judgment of the court below cannot be maintained as it is.

3. Thus, 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 of sentencing, and the judgment below is reversed, and it is again decided as follows.

[Grounds for the lower court’s judgment] The summary of facts constituting a crime and evidence admitted by the lower court was the first head of the facts constituting a crime in the judgment of the lower court, and the lower court’s judgment became final and conclusive on February 11, 2017, on the following grounds: “The Defendant was sentenced to six months of imprisonment with prison labor due to special intimidation in the Seoggu District Court Branch Branch of the District Court on February 3, 2017

“In addition to the addition of “1. Court Decision (Seoul District Court Decision 2016 High Court Decision 2525 Decided 2016 High Court Decision 2525)” in the column of the evidence, other than the addition of “1. Court Decision 201, High Court Decision 201Da 2525)” is the same as the corresponding column in the judgment of the court below, and it

Application of Statutes

1. Relevant provisions of the Criminal Act and the main sentence of Article 164(2) and Article 164(1) of the Criminal Act (the fact of causing fire to existing buildings and fire), Article 152 Subparag. 1 and 43 of the Road Traffic Act (the non-licensed point, the choice of imprisonment with prison labor) concerning the crime;

1. The latter part of Article 37 of the Criminal Code for the treatment of concurrent crimes, provided that Article 39.