The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

1. The sentence (one million won penalty) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the Defendant’s statement at the court of first instance was examined. According to the reasoning for appeal by the Defendant, the Defendant was sentenced to four months of imprisonment by the Busan District Court on February 8, 2017 and the judgment became final and conclusive on April 22, 2017. As above, the crime of property damage, etc. for which the judgment became final and conclusive and the crime of this case were concurrent crimes by taking into account the case where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act and equity in relation to the crime of this case after Article 37 of the Criminal Act, and thus, the lower judgment cannot be maintained further.

3. Therefore, 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 the following is again decided after pleading.

Criminal facts

The substance of the facts charged and the summary of the evidence admitted by the court are as follows: the first head of the lower court’s criminal history in the first head “the Defendant was sentenced to four months of imprisonment for property damage, etc. at the Busan District Court on February 8, 2017 and the judgment became final and conclusive on April 22, 2017.

“A previous conviction in the judgment of the court below” is the same as the corresponding column of the judgment of the court below, except for adding “a prior conviction in the judgment of the court below” in the space where the evidence is used. As such, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 366 of the Criminal Act applicable to the facts constituting a crime and Article 366 of the choice of punishment;

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act include not only the criminal defendant who has been punished by a fine, a suspended sentence, or a suspended sentence over a set of times, but also the criminal records.