공용물건손상등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (10 months of imprisonment) is too unreasonable.
2. The Defendant, without any reason, threatened the victim E, and thereby, continued to avoid disturbance to the district police station and police station, and committed the crime of assault, obstruction of performance of official duties, and damage to public goods.
Defendant was arrested as a crime in the form of voluntary accompanying, and committed a crime that interferes with the performance of official duties and damages to public goods even after arrest.
However, for the first time, the defendant does not want the punishment of the defendant in consultation with the victim E.
The defendant's mistake is divided.
In full view of such circumstances as well as the Defendant’s age, sex, environment, motive, means, and consequence of the crime, various sentencing conditions as shown in the instant pleadings, such as the circumstances after the crime was committed, the lower court’s punishment is too unreasonable.
3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.
[Re-written judgment] The criminal facts and the summary of the evidence acknowledged by the court and the summary of the evidence were damaged by the following facts: (a) the court below’s crime Nos. 2(4) to No. 6 acts: “The market price was 72,000 won in the global office, where the stone tin was collected from the global office, and the outer face of the stone tin was cut off, thereby damaging the goods used by public offices.
Except for the deletion of the part “,” it is identical to each corresponding column of the original judgment, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 283(1) of the Criminal Act, Article 260(1) of the Criminal Act (the point of intimidation), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 141(1) of the Criminal Act (the point of obstructing the performance of official duties), and Article 141(1) of the Criminal Act (the point of impairing public goods) of the choice of punishment for the crime.