재물손괴
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. Summary of grounds for appeal;
A. In fact, misunderstanding of the legal doctrine or misunderstanding of the facts, the Defendant written the paint with the consent of the lessee of the instant building.
Since the building of this case was scheduled to be demolished, the defendant cannot be deemed to have harmed its utility.
B. The sentence sentenced by the lower court is too unreasonable.
2. Determination
A. Comprehensively taking account of the evidence duly examined and adopted by the lower court as to the assertion of misunderstanding of facts or misapprehension of the legal doctrine, the Defendant’s writing on the outer wall of the second floor of the instant building was written in a paint.
Even if the consent of the lessee was obtained as the defendant's argument, the owner did not consent.
Even before the removal, damage cannot be generally justified.
When considering the size, content, method of display, ease of deletion, etc. of letters written by the defendant, it is reasonable to see that the appearance of the building constitutes a crime of damage.
We do not accept the Defendant’s factual mistake or misapprehension of legal principles.
B. At the time of the Defendant’s use of letters in sentencing, the owner of the instant building was not C but C, and C appears to have received compensation, etc. due to redevelopment.
As alleged by the defendant, the building of this case was scheduled to be removed, and it was damaged by external appearance, but it is not likely that damage was caused by writing on the outer wall waterproof.
In addition, considering the circumstances, details and results of the instant crime, circumstances after the instant crime, Defendant’s history, sexual conduct, environment, etc., and the sentencing conditions indicated in the instant case’s records and arguments, the sentence of the lower court is excessively unreasonable.
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading, since the defendant's unfair argument for sentencing was accepted.
[Judgment] Summary of facts constituting an offense and evidence