폭력행위등처벌에관한법률위반(공동재물손괴등)등
All appeals by the prosecutor and the defendant are dismissed.
1. The gist of the grounds for appeal (e.g., the examination and the Defendant asserted that the lower court’s punishment (a fine of three million won) is too minor or unreasonable.
2. The circumstances favorable to the defendant include: (a) the fact that the defendant was subject to criminal punishment of the same or similar kind of criminal punishment related to an assembly or demonstration; (b) the defendant committed the instant crime without being aware that he/she was under the suspension of execution; (c) while he/she made efforts to prevent additional crimes and the expansion of damage; (d) the defendant voluntarily deposited KRW 5 million, which is part of the amount of damage caused by property damage; and (e) the fact that the defendant
In full view of the sentencing conditions stated in the instant pleadings, such as the Defendant’s age, character and conduct, motive, means, and consequence, as well as the aforementioned flexible and unsound circumstances, the lower court’s punishment against the Defendant appears to be appropriate. As such, the prosecutor and the Defendant’s assertion cannot be accepted.
3. In conclusion, since the appeal by the prosecutor and the defendant is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.