재물손괴등
The judgment below
The guilty portion shall be reversed.
Defendant shall be punished by imprisonment with prison labor for not more than ten months and by a fine not exceeding five hundred thousand won.
1. On December 18, 2017, the lower court found the Defendant guilty of each of the facts charged in the instant case’s destruction of property, intrusion on residence, damage to public goods, violation of the Punishment of Minor Offenses Act, injury, interference with business, theft, and assault committed on December 18, 2017, and rendered a judgment dismissing a public prosecution regarding the charge of violence and intimidation on May 7, 2017. The part of the Defendant’s appeal only against the conviction and the part of the non-guilty and the part of the public prosecution not appealed by the Defendant and the Prosecutor became final and conclusive, the scope of the trial of this court is limited to the conviction.
2. The sentence of the lower court (one year of imprisonment and a fine of five hundred thousand won) is too unreasonable in light of the following: (a) the summary of the grounds for appeal (unfair sentencing) recognizes and reflects the instant crime; (b) the Defendant committed the instant crime.
3. The crime of this case is an unfavorable circumstance to the defendant, in light of the motive, circumstance, and method of crime, and the fact that the defendant, without being informed of the judgment of the court below, has committed a crime again, and without any special reason, intrudes upon his life site or good victims, intrudes on his residence, interferes with the operation of convenience stores, has obstructed the operation of convenience stores, has been stolen by driving the obba, has prevented the disturbance by damaging the object in the earth and under the influence of alcohol, and not only is it very good that the crime is committed in light of the motive, circumstance, method of crime, etc., but also is likely to be violent and compliance consciousness.
However, the fact that the defendant recognized the crime of this case, the defendant agreed with the victim G, L, andO at the court below, and the victim's punishment does not want to be punished by the victim G, L, andO for the first time, and the records of this case, including the defendant's age, sex, environment, family relationship, family environment, circumstances after the crime, and circumstances after the crime, etc., and the records of this case.