폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 20,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (two years of imprisonment) is too unreasonable.
2. When the prosecutor conducted an ex officio judgment, the defendant's act of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) was committed against the defendant. "A special act of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" is "special act of violence". "Article 3 (1), Article 2 (1) 1, and Article 366, and Article 260 (1) of the Criminal Act" in the applicable law is "Article 369 (1), 366, 261, and 260 (1) of the Criminal Act" as "Article 369 (1), 36, 260, and 260 (1) of the Criminal Act is modified by this court's permission. Thus, the judgment of the court below is no longer maintained in this respect.
3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment of the court below is reversed and it is again decided as follows.
Criminal facts
The summary of facts constituting a crime and evidence recognized by this court shall be as stated in the corresponding column of the original judgment.
In accordance with Article 369 of the Criminal Procedure Act, they are quoted as it is.
Application of Statutes
1. Relevant legal provisions of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Articles 261 and 260(1) (a) of the Criminal Act, Articles 63(1)2 and 55-2(1)2 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence, and the selection of fines, respectively, for the crime;
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. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is dangerous in finding the victim's house where the defendant is living in accordance with the court's victim protection order decision.