재물손괴
The judgment of the court below is reversed.
A defendant shall be punished by a fine of 500,000 won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal asserts that the punishment imposed by the lower court (one million won of a fine) is too unreasonable.
2. It is recognized that the Defendant had a record of punishment several times for past violent crimes, and that no particular material on recovery of damage has been submitted until the trial of the case.
However, considering the fact that the defendant recognized the crime of this case, the amount of damage is relatively small, and the amount of damage is economically difficult for basic living recipients, etc., considering the circumstances favorable to the defendant. In addition, considering the following circumstances, considering the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., the punishment imposed by the court below is unreasonable.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following decision is rendered again.
[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.
(Article 369 of the Criminal Procedure Act). Application of law
1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Selection of Punishment;
2. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).
3. Article 334 (1) of the Criminal Procedure Act.