1. The judgment below is reversed.

2. The defendant shall be punished by a fine of 700,000 won.

3. The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal by the defendant (the fine of KRW 700,000) by the court below is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the Defendant’s ex officio. According to the records of this case, it is recognized that the Defendant was sentenced to one year to a suspended sentence of six months due to night building intrusion and larceny at the Jeonju District Court on October 14, 2014, and the above judgment became final and conclusive on October 22, 2014. The crime of defamation of this case committed prior to the final and conclusive judgment is in the relation between night-time building intrusion and larceny, for which the judgment became final and conclusive and the latter part of Article 37 of the Criminal Act concurrent crimes under the latter part of Article 39(1) of the Criminal Act. As such, the judgment below, which did not take such measures, became unable to continue to maintain any further.

3. In conclusion, the judgment below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal of the defendant, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The substance of the facts charged and the summary of the evidence admitted by this court is identical to each corresponding column of the judgment of the court below, except for the addition of "the defendant was sentenced to one year of suspension of execution on October 14, 2014 by imprisonment with prison labor for night-time building intrusion larceny at the previous district court on June 14, 2014 and the above judgment became final and conclusive on October 22, 2014" to "the facts charged and the summary of the evidence as to them are cited in the first head of the judgment of the court below." Thus,

Application of Statutes

1. Relevant Article 307 (2) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Handling concurrent crimes: The latter part of Articles 37 and 39 (1) of the Criminal Act (the crime of defamation at the time of market and the crime of intrusion of a structure at night, and the crime of theft);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;