The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of one year from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant (six months of imprisonment and two years of suspended execution) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. We examine ex officio prior to the judgment on the grounds of appeal by the defendant and the prosecutor.

On November 30, 2017, the Defendant was sentenced to five months of imprisonment with prison labor and one year of suspended execution for the crime of damage to property at the Ulsan District Court, and on March 31, 2018, the judgment became final and conclusive. The crime of damage to property and the crime of damage to property which became final and conclusive in the lower judgment against the Defendant is in the relation of concurrent crimes after Article 37 of the Criminal Act, and the crime of damage to property is in the relation of joint crimes after Article 39(1) of the Criminal Act, and should be sentenced to punishment for the crime in the lower judgment,

In this regard, the prosecutor sentenced the defendant to five months of imprisonment and one year of suspended execution as a crime of damaging property at the Ulsan District Court on November 30, 2017, and the judgment was finalized on March 31, 2018.

In addition, “the latter part of Article 37 of the Criminal Act,” and “Article 39(1) of the Criminal Act” under the applicable law was applied for permission to amend the Bill of Indictment, and this Court permitted this.

In this respect, the judgment of the court below is no longer maintained.

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

Criminal facts and the summary of evidence recognized by this court, and criminal facts in the first place "criminal facts" were sentenced to five months of imprisonment with prison labor and one year of suspended execution for property damage at the Ulsan District Court on November 30, 2017, and the judgment was finalized on March 31, 2018.

Before the judgment of the court, “the summary of the evidence” was 1. A criminal investigation report (Article 37 of the Criminal Act).