특수재물손괴
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10 million.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (defendants) by the lower court is too unreasonable.
The defendant explicitly withdrawn his claim for mental disorder on the date of the first trial.
2. On August 12, 2019, the judgment of the defendant prepared a fire against the Dogra in which the defendant lives as the main building at night, and immediately thereafter, the defendant tried to extinguish the Dogra by again setting fire, and the judgment became final and conclusive as of November 8, 2019 and conclusive as of November 8, 2019 and was under suspension of the execution of imprisonment with prison labor, and thereby, the defendant committed the instant crime that destroyed the parked vehicle by carrying about about 20 glass bottles out of the above Dogra on March 16, 2020, while the judgment became final and conclusive as of March 16, 2020, and committed the instant crime that destroyed the parked vehicle, and the defendant had several records of punishment for violent crimes.
On the other hand, there are favorable circumstances such as that the defendant reflects the defendant's wrong, that the defendant agreed with the victim at the investigation stage, that some of the circumstances may be considered, that there was no criminal record exceeding the fine for the defendant for the last twenty years except for the suspended sentence of the above imprisonment, and that the defendant's children appeal against the defendant.
In full view of these circumstances and all of the sentencing conditions shown in the instant argument, the lower court’s punishment is deemed to be too unreasonable.
3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the court below is ruled as follows
【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime recognized by the court, and summary of evidence. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Articles 369 (1) and 366 of the Criminal Act concerning the choice of punishment;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The order of provisional payment;