특수재물손괴등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.
2. The judgment of the Defendant: (a) inflicted an injury on the victim by means of throwing a brick toward the victim; (b) inserting a insertion; and (c) inflicted an injury on the victim; and (d) inflicted an injury on the victim’s vehicle; and (c) caused the damage to the victim’s vehicle
The defendant has already been guilty of violence and damage of property nine times in total.
This is disadvantageous to the defendant.
However, the defendant recognized the crime of this case and is against the law.
In the past, the defendant paid 2.5 million won to the victim in the first instance.
This is the circumstances favorable to the defendant.
Such circumstances and the fact that the sentencing criteria of the Sentencing Committee are damaged: One month or eight months (the scope of the recommended sentence based on the changed sentencing criteria after prosecution falls under a case where the scope of the recommended sentencing criteria is smaller than that of the previous sentencing criteria (the mitigation area: 4 months or 10 months). The new sentencing criteria were implemented as of August 15, 2018. However, the new sentencing criteria were instituted as of August 15, 2018. In this case, the sentencing criteria cannot be applied as they were indicted before the above sentencing criteria were implemented (Article 20 of the Regulations on the Management of the Sentencing Committee). In full view of various circumstances, the court below’s sentencing conditions in the records and arguments of this case, including the age, environment, sexual behavior, motive for the crime, circumstances before and after the crime, etc., are considered to be somewhat unfair.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.
【Grounds for a new judgment】 Facts constituting an offense and summary of evidence recognized by the court are relevant to each of the original judgment.