재물손괴
1. The judgment below is reversed.
2. The defendant shall be exempted from punishment;
1. The summary of the grounds for appeal by the defendant (the fine of KRW 700,000) by the court below is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the records of this case revealed that the defendant was sentenced to one year to imprisonment on September 27, 2013 by committing a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc., causing damage, etc.) at the Seoul Northern District Court on September 27, 2013, and the above judgment became final and conclusive on December 20, 2013. The crime in the judgment of the court below committed prior to the final and conclusive judgment in relation to the crime of violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc., causing damage to deadly weapons, etc.) which became final and conclusive, and the latter part of Article 37 of the Criminal Act (a concurrent crime of violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc., causing damage to deadly weapons, etc.) are determined after examining
3. In conclusion, the judgment below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal of the defendant, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the facts charged by the court and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, except for adding "the defendant was sentenced to one year to imprisonment with prison labor on September 27, 2013 due to a violation of the Punishment of Violences, etc. Act (a violation of the Punishment of Violences, etc. Act, a deadly weapon, etc.) at the Seoul Northern District Court on September 27, 2013, and the above judgment became final and conclusive on December 20, 2013" to the first head of the judgment of the court below. Thus, it is
Application of Statutes
1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Selection of Punishment;
1. The crime of causing property damage and judgment as provided in the latter part of Article 37 and Article 39(1) of the Criminal Act, which deal with concurrent crimes.