재물손괴등
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., six months of imprisonment) is too unhued and unreasonable.
2. Considering the fact that the degree of damage to each of the instant crimes is not severe, and that the victims have agreed with each of the instant crimes, ① the quality of each of the instant crimes is not good in light of the circumstances of the relevant crimes, etc.; ② the Defendant has been subject to 69 times criminal punishment; ② the Defendant has committed violence-related crimes for the last five years; ③ the Defendant is showing an attitude to light the legal order by such means as having committed almost damp offenses; ③ the Defendant has not made efforts to improve one’s drinking habits or recidivism, and it appears that the Defendant began hospital treatment to improve one’s drinking habits in the lower court court court court’s judgment and submitted the content of the treatment (in this regard, the Defendant began the hospital treatment to improve one’s drinking habits; however, in light of the fact that on May 31, 2016, the Defendant was arrested again as an offender in the crime of interference with business, etc., whether the Defendant’s treatment intention or the genuine nature is true) and ④ the same period of repeated crimes, and each of the instant crimes again.
3. As such, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 366 of the Criminal Act, Article 314 (1) of the Criminal Act, Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Selection of Imprisonment, respectively;
1. Article 35 of the Criminal Act among repeated crimes;
1. The former part of Article 37 of the Criminal Act among concurrent crimes;