재물손괴등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (amounting to five million won) is too uneasy and unreasonable.
2. The judgment that the Defendant recognized the instant crime, and that the victim agreed to pay 100,000 won of compensation for damage to the victim, etc. taking into account the favorable circumstances for the Defendant, even though the Defendant was sentenced to a violation of around 2017 and completed the execution of the sentence on September 28, 2017, the Defendant committed the instant crime in a period of seven months from the sentence. ② The Defendant, despite being sentenced to a fine at the lower court, committed the instant crime on October 4, 2018, 2018, which was two months after he was sentenced to a fine at the lower court, by force, repeatedly committed a similar and similar pattern of crime, such as drinking alcohol, such as interfering with restaurant work and arresting the current offender, and (3) the Defendant, including the two already sentenced to criminal punishment, has no specific opportunity to improve his personality and behavior, taking into account that it is inevitable that the Defendant has repeatedly committed the Defendant’s punishment without making any other effort.
3. In conclusion, 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 after pleading as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by this court is as follows: “The Defendant was sentenced to four months of imprisonment by interference with business affairs at the Seoul Southern District Court on June 2, 2017 and completed the execution of the sentence on September 28, 2017” in the summary of the evidence; “1. Criminal records: reply to inquiries such as criminal history, investigation report (personal records of Defendant violence), judgment, and inquiry report on confinement” is the same as the corresponding column of the judgment of the court below, and thus, it is also identical to each corresponding column of the judgment of the court below, in accordance with Article 369 of the Criminal Procedure Act.