Part of the judgment of the court below in 1, 2, 3, and 4 shall be reversed.

The crime of destroying property on November 28, 2015, which is held by the defendant.

1. The punishment (the first instance court: imprisonment with prison labor for a period of one year, the second instance court: a fine of two thousand won and a fine of one year and six months, the third instance: imprisonment with prison labor for a period of four months and the fourth instance: imprisonment with prison labor for a period of four months and six months) of the summary of the grounds for appeal is excessively unreasonable compared to the extent of the defendant's responsibility;

2. Ex officio determination

A. The judgment of the court below was rendered, and the defendant filed an appeal against each of the above appeals cases, and this court decided to hold a joint trial. Each of the above appeals cases was each of the offenses against the defendant (excluding the part on the damage of property on November 28, 2015 and special property on November 30, 2015 among the judgment of the court below, excluding the part on the damage of property on November 28, 2015) committed by the defendant on October 22, 2015 due to the violation of the Punishment of Violences, etc. Act (joint assault) at the Seoul Northern District Court (hereinafter referred to as the "Seoul Northern District Court") of the Act on Punishment of Violences, etc. on December 30, 2015, the above judgment was sentenced to two years of suspended sentence for 8 months and became final and conclusive. Thus, the remainder of the offenses of destruction and damage of property on November 28, 2015 and special property on November 30, 2015 cannot be ruled to be subject to a joint trial.

As the concurrent crimes in the former part of Article 37 of the Criminal Code are concurrent crimes, one punishment should be sentenced in accordance with Article 38, Paragraph 1 of the Criminal Code, so it is impossible to maintain it as it is.

B. The lower court stated that the crime of destroying property was committed on November 28, 2015 and the crime of destroying special property was committed on November 30, 2015, and the crime of destroying special property was committed on December 30, 2015, respectively.

Since Article 37 of the Criminal Act and Article 37 of the Criminal Act, Article 37 and Article 39 (1) of the Criminal Act were applied to concurrent crimes.

However, on October 23, 2015, the defendant was sentenced to a suspended sentence of two years on October 31, 2015 and was sentenced to a suspended sentence of two years on October 31, 2015, and was sentenced to a judgment on December 30, 2015.