The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a year and a fine of KRW 300,000.

The above fine shall be imposed on the defendant.

1. The summary of the grounds for appeal (a year of imprisonment and a fine of 300,00 won, a suspended sentence of two years, a probation and an order to attend a lecture for 40 hours) of the lower court is too unreasonable;

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the defendant was sentenced to six months of imprisonment with prison labor on October 1, 2018 due to the crime of property damage, etc. in the Seocho District Court’s territorial branch of the Chuncheon District Court’s territorial branch on November 29, 2018, and the appeal was dismissed on January 31, 2019, and the facts that became final and conclusive on January 31, 2019 are apparent in records. Each of the crimes in the judgment of the court below against the defendant are concurrent crimes with each of the crimes for which the judgment became final and conclusive pursuant to Article 37(1) of the Criminal Act, and the punishment shall be determined after examining whether to reduce or exempt the punishment in consideration of equity with the case where the judgment becomes final and conclusive at the same time pursuant to Article 39(1) of the Criminal Act. Accordingly,

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

[C] Criminal facts and summary of evidence acknowledged by this court are all criminal facts. "The defendant was sentenced to six months of imprisonment on October 1, 2018 and dismissed on November 29, 2018, and the appeal was dismissed on January 31, 2019 and the above judgment became final and conclusive on January 31, 2019," in the summary of evidence "1." The criminal facts and summary of evidence acknowledged by this court are all criminal facts. The criminal facts and summary of evidence are identical to each corresponding column of the judgment of the court below except for adding "the search of the case" to the defendant's court statement, each of the court decisions (Scheon District Court's early branch court's early branch court's early branch court's early branch court's early branch court's early branch court's early branch court's court ruling 2018No403, 2018Do20356), and they are cited as it is in accordance with Article 369 of the Criminal Act.

Application of Statutes

1. Relevant Articles of the Act concerning the facts constituting the crime;