재물손괴등
The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for one year, and for six months, for each of the defendants B.
except that this judgment.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s respective sentences (one year of imprisonment with prison labor and two million won of fine, and three years of suspended sentence in one year of imprisonment with prison labor) are too unreasonable.
2. Although there are unfavorable circumstances, such as the fact that Defendant A had the record of several times of crime related to violence, and that there is no agreement with the victim I, the Defendants recognized each of the crimes of this case when they were in the first instance trial, that the Defendants agreed smoothly with the victim G when they were in the first instance trial, that there was no record of the same crime, and that there was no record of the Defendants’ age, sex behavior, environment, motive, means and consequence of the crime, etc., in consideration of the various sentencing conditions indicated in the record, such as the following circumstances, the sentence of the lower court is deemed to be unfair as a result, so far as it is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and the judgment below is ruled again as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Defendant A of the pertinent legal provision on criminal facts: Articles 366 and 314(1) of the Criminal Act; Article 30 of the Criminal Act; Article 314(1) of the Criminal Act; Article 314(1) of the Criminal Act; Article 30 of the Criminal Act; Article 30 (Interference with Business) of the Criminal Act; Article 2(2) and 3 of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016); Article 2(1)3 of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016); Article 257(1) of the Criminal Act (a) of the Criminal Act; Article 257(1) (a) of the Criminal Act (a point of harm)
1. Defendant B of the ordinary concurrence: Articles 40 and 50 of the Criminal Act;
1. Defendant B: Imprisonment with prison labor;
1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;
1. Article 62(1) of the Criminal Act for the suspension of execution (the foregoing)