재물손괴등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (two months of imprisonment, two years of suspended execution, and one hundred and twenty hours of probation and community service) of the lower court is deemed to be too uneasy and unreasonable;
2. In a case where, prior to the judgment on the grounds of appeal by the Defendant ex officio, one act satisfies the requirements for the crime of violation of the Punishment of Violences, etc. Act (joint assault) and the crime of interference with business, both crimes are in a mutually concurrent relationship (see, e.g., Supreme Court Decision 2012Do1895, Oct. 11, 2012). The same applies to the crime of causing property damage or the crime of interference with business.
In the instant case, the obstruction of business among the facts charged in the instant case constitutes a case where the Defendant interfered with the operation of the restaurant by avoiding disturbance by destroying the restaurant equipment and causing the injury to the victim C, and thereby interfered with the operation of the restaurant of the said victim. As such, the Defendant’s act of damaging and injuring the property at the same time meets the elements of the crime of interference with business.
Therefore, it is reasonable to view that the crime of causing property damage and the crime of causing bodily injury and the crime of interference with business in this case are in a mutually competitive relationship as stipulated in Article 40 of each Criminal Code, but the court below erred in the application of the statutes on mutually competitive concurrence
In this respect, the judgment of the court below against the defendant can no longer be maintained.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows without examining the above ex officio reversal grounds.
Criminal facts
The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 366, 314(1), 257(1), 136(1), and 311 of the Criminal Act for criminal facts