공용물건손상미수등
All judgment of the court below shall be reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall be imposed on the defendant.
1. The gist of the grounds for appeal is that it is improper to set the punishment of each court below (No. 1: fine of 2 million won, and fine of 2 million won: fine of 2 million won).
2. We examine ex officio prior to judgment on the grounds for ex officio appeal.
The defendant filed an appeal against the judgment of the court below Nos. 1 and 2, and this court decided to hold a joint hearing of the above two appeals cases. Each crime of the judgment of the court below Nos. 1 and 2 is a concurrent crime under the former part of Article 37 of the Criminal Act and must be sentenced to a single sentence by judgment.
In this respect, the judgment of the court below can no longer be maintained.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as stated in the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning criminal facts, Articles 143 and 141(1) of the Criminal Act (the point of attempted damage to goods for public use) concerning the selection of punishment, Article 366 of the Criminal Act, and the selection of fines, respectively;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Although the reasons for sentencing under Article 334(1) of the Criminal Procedure Act include many persons who have been punished for the same kind of crime, there are many circumstances that can be considered in light of the circumstances, such as the motive, means and consequence of the instant crime, Defendant’s age, sex, environment, etc.