재물손괴등
All judgment of the court below shall be reversed.
Defendant shall be punished by a fine of five million won.
The above fine shall not be paid by the defendant.
1. The sentence of each court below (the first instance court: the fine of KRW 2 million; the second instance court: the fine of KRW 3 million) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
The judgment of the court of first instance and the judgment of the court of second instance rendered each judgment against the defendant, and the defendant filed each appeal against them, and this court decided to hold a joint hearing of the above two appeals cases.
Each crime of the first and second judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below in the first and second judgment cannot be maintained as it is.
3. The lower court’s conclusion is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant’s respective allegations of unfair sentencing, and the judgment below is reversed, and it is again decided as follows.
【Grounds for a new judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to the facts constituting a crime and the summary of evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. The grounds for sentencing under Article 70 (1) and Article 66 of the Criminal Act, Article 49 (4) 1, Article 6 (3) 1 (a) of the Electronic Financial Transactions Act, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act, the aggravation of punishment for concurrent crimes with punishment prescribed in a violation of the Heavy Electronic Financial Transactions Act (the aggregate of the aggregate of the amounts of the above two crimes), Article 70 (1) and Article 69 (2) of the Criminal Procedure Act, the inducement of punishment for concurrent crimes with punishment (the aggregate of the amounts of the above two crimes) for which punishment is to be imposed), Article 34 (1) of the Criminal Procedure Act, the provisional payment order under Article 334 (1) of the Act on the Provisional Payment Order under Article 69 of the Criminal Procedure
1. Scope of applicable sentences under law: Fines of 50,000 to 370 million won;
2. Non-application of the sentencing criteria: The sentencing criteria shall not apply by selecting fines.
3. Sentence;