폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (eight months of imprisonment) against the Defendant is too unreasonable.
2. In light of the fact that the crime of this case was committed on two occasions with respect to the Defendant’s act of damaging property, the Defendant’s strict punishment is necessary in light of the following: (a) the Defendant’s act of destroying the victim’s property, which is a dangerous object three times or more and has been suspended from indictment; and (b) the risk and repetition of the act of causing damage to the property of this case, is bad in the nature of the crime in light of the risk and repetition of the act of causing damage to the victim; (c) the amount of damage to the victim’s property of this case reaches KRW 14.8 million in total; and (d) the amount of damage caused by obstruction of business is deemed to have not been much significant; and (e) the Defendant did not agree with the victim.
However, in full view of the following: (a) the Defendant recognized all of the crimes of this case and against his mistake; (b) the Defendant committed each of the crimes of this case in the course of dispute over the settlement of accounts between the victim and the victim; (c) the Defendant deposited KRW 7 million in the victim in the trial; and (d) other various sentencing conditions in the records and arguments, such as the Defendant’s age and family environment; (d) circumstances before and after the crime; and (e) circumstances before and after the crime, the lower court’s punishment against the Defendant is somewhat unreasonable
3. In conclusion, the judgment of the court below is reversed pursuant to Article 346 (6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;