공용물건손상등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. In the absence of the fact that the Defendant collected plastic scam and damaged a taxi for business purposes (Article 1 of the Criminal Act in the judgment of the original court), the judgment of the court below which held that the Defendant destroyed a taxi for business purposes is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
B. In light of the legal principles, since the owner of a taxi for business use operated by C is a limited company daily traffic, the victim of the crime of causing property damage is also a limited company daily traffic. However, the judgment of the court below which held the victim of the crime of causing property damage as a limited company C merely an employee of a limited company is erroneous by misapprehending the legal principles, which affected
C. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.
2. Determination
A. The ex officio determination prosecutor applied for amendments to the amendment of the indictment with the content that “the operation of the injured party C (the South and the 43 years old) is changed to “the operation of the injured party C” among the charges of the crime of the destruction of property in this case at the trial. Since this court permitted this, the judgment of the court below cannot be maintained as it was.
However, since the defendant's assertion of misunderstanding of facts is still subject to the judgment of the court even though there is such ground for ex officio reversal, it is examined in the following paragraphs (On the other hand, since the indictment was changed in the trial according to the defendant's assertion of misunderstanding of legal principles, it is not judged separately
This part of the facts charged 1 on July 28, 2013, on the ground that, around 00:15 on July 28, 2013, the Defendant: (a) on the street club in front of the Seongdong-gu, Sungwon-gu, Sungwon-si, Sungwon-si, the Defendant, 10,000 won, asked the employees of the other non-name-free club to purchase tobacco, and (b) was subject to tobacco 2:00 won, but did not return the remaining money.