재물손괴
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 80,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty of KRW 800,00 which the court below is too unjustifiable.
2. According to the records of this case’s judgment ex officio, the Defendant was sentenced to imprisonment with prison labor for a period of one year at the Seoul Southern District Court on April 25, 2013, and the same year.
9. 26. 26. Recognizing the fact that the above judgment became final and conclusive, the crime for which judgment became final and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment of this case is determined after examining whether to reduce or exempt punishment by taking account of equity with the case to be adjudicated at the same time pursuant to Article 39(1) of the Criminal Act. As such,
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the judgment below is again decided as follows.
[C] The criminal facts of the defendant and the summary of the evidence recognized by the court are the criminal facts of the defendant and the summary of the evidence. The first head of the judgment of the court below is "the defendant shall be sentenced to one year's imprisonment with prison labor at the Seoul Southern District Court on April 25, 2013, and the same year.
9.26. A person for whom the above judgment has become final and conclusive.
“A previous conviction in the last sentence of the evidence”: A previous conviction in the judgment of the court below is the same as the entry in each corresponding column of the judgment of the court below, except for addition of the Defendant’s statement in the court of the first instance and the case search. Thus, it is cited as it is in accordance with Article 369
Application of Statutes
1. Relevant Article 366 of the Criminal Act and Selection of Penalty concerning the Crime. Article 366 (Selection of Fine)
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;
1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;