재물손괴등
The judgment below
The guilty portion shall be reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall be imposed on the defendant.
1. The lower court dismissed the prosecution against the Defendant among the facts charged in the instant case, and convicted the Defendant of the remainder of the facts charged.
Defendant
In addition, since the dismissal of the above indictment was already finalized in this case where the prosecutor filed an appeal for the reason that the sentencing was unfair only for the guilty portion among the judgment below, only the guilty portion of the judgment below shall be subject to the party
2. Summary of grounds for appeal;
A. The lower court’s punishment (five million won in penalty) is excessively unreasonable.
B. The lower court’s sentence is excessively unreasonable.
3. Before determining the grounds for appeal by the Defendant and the Prosecutor, this paper examined ex officio.
The term "crimes punishable by imprisonment without prison labor or heavier" under Article 35 (1) of the Criminal Act refers to crimes punishable by imprisonment with prison labor or imprisonment with prison labor with prison labor, and where a fine selected among the punishments prescribed for such crimes is a fine, it shall not be subject to the aggravation of repeated crimes (see Supreme Court Decision 82Do1018, Jul. 27, 1982). The court below selected fines for each crime of this case and applied Article 35 of the Criminal Act, even if the court below erred by applying Article 35 of the Criminal Act, which led to the increase in the scope of punishment, thereby affecting the judgment. Accordingly, the judgment of the court below cannot be maintained.
4. The judgment of the court below is reversed ex officio as the above grounds for reversal, and 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.
【Grounds for another judgment】 Criminal facts of the judgment [2016 Highest 4850] The Defendant discovered F bicycles owned by the victim F, who was not good to be impartial between the two parties in the front of the outlet No. 1 located in Dobong-gu Seoul, Dobong-gu, Seoul around September 13, 2016, and deducted the wheels of the above bicycle.