재물손괴
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,500,000.
The above fine shall not be paid by the defendant.
1. The defendant asserts that the summary of the grounds for appeal is too unreasonable because of the lower court’s punishment (three million won of fine).
2. The crime of this case is an unfavorable circumstance to the defendant, such as the damage of the victim's property and the nature of the crime is not weak, and the victim wants to punish the defendant.
However, in full view of the fact that the defendant deposited a certain amount for the victim in the trial of the party, the defendant has no record of punishment exceeding the same kind of crime and fine, and the fact that there is a family member to support the defendant, etc., considering the circumstances favorable to the defendant, the court below's punishment is somewhat inappropriate, taking into account the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., and all other circumstances that are conditions for the sentencing
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered again.
[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.
(Article 369 of the Criminal Procedure Act). Application of law
1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;
2. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.
3. Article 334 (1) of the Criminal Procedure Act.